Paul Lynn & a. v. Wentworth By The Sea Master Association

Summary

The Supreme Court of New Hampshire affirmed summary judgment for Wentworth By The Sea Master Association in a dispute over the validity of a beach-access easement across the plaintiffs’ property. The court held that the deed, covenants, conditions, and restrictions, and recorded site plan, together with evidence of the parties’ intent, created an express easement rather than a merely implied easement or revocable license. The court also upheld the trial court’s admission of supplemental evidence and concluded that no material factual dispute precluded summary judgment.

Holdings

1. The trial court did not unsustainably exercise its discretion by admitting the Horgans' affidavits and planning-board documents because the plaintiffs were given an opportunity to depose the relevant witnesses and file supplemental briefs and demonstrated no prejudice.
2. An express easement was validly created over Lot 17 by the Horgan deed, the association's covenants, conditions, and restrictions, and the recorded site plan, considered together.
3. The Statute of Frauds was satisfied because the court's holding rested on the signed and recorded written deed, not solely on an oral agreement.
4. The interest created was an easement, not a revocable license.
5. Summary judgment for the association was proper because the asserted factual discrepancies were immaterial and the written documents, testimony, and conduct established entitlement to judgment as a matter of law.

Questions Presented

1. Whether the trial court abused its discretion by admitting the Horgans' affidavits and planning-board documents produced after the initial close of discovery.
2. Whether the deed, covenants, conditions, and restrictions, and site plan validly created an express beach-access easement over Lot 17.
3. Whether the claimed interest was merely a revocable license rather than an easement.
4. Whether the creation of the easement violated the Statute of Frauds.
5. Whether the trial court improperly resolved genuine issues of material fact in granting summary judgment to the association.

Disposition

affirmed