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Sakansky v. Wein

New Hampshire Supreme Court

169 A. 1 (1933)

Relevant factsFree

Sakansky (plaintiff) owned land accessed by a deeded easement across Wein's (defendant) property at a specifically defined location. Wein wanted to build over the easement, offering only eight feet of vehicle clearance plus an alternative detour route around the new construction; Sakansky sought an injunction against the construction. The trial court, over Sakansky's objection, admitted evidence of the proposed alternative route, finding the eight-foot restriction reasonable only if paired with the new detour, but unreasonable without it, and Sakansky sought review of both the evidentiary ruling and his entitlement to an injunction.

IssueFree

Whether, under New Hampshire law, an easement holder has absolute rights to use the easement in the location specified irrespective of the reasonableness of demanding to use the easement in its specified location.

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