Virginia B. Kinder, individually and in her capacity as Trustee of the Virginia B. Kinder Trust v. Jil Westcott et al.

Summary

The Rhode Island Supreme Court affirmed summary judgment recognizing an express easement appurtenant over the plaintiff’s property. The Court held that the recorded instrument’s references to the grantee’s heirs and assigns, together with its statement that the easement was appurtenant to the land, made the easement freely assignable and running with the land.

Holdings

1. The instrument clearly and unambiguously created an easement appurtenant to the grantee's land and made the easement assignable to the grantee's heirs and assigns.
2. Summary judgment was proper because the easement instrument was clear and unambiguous, and no genuine issue of material fact required resolution by a factfinder.

Questions Presented

1. Whether the recorded easement instrument clearly and unambiguously created an easement appurtenant that was assignable to the owners of the dominant land.
2. Whether the alleged conflict between the granting clause and the instrument's references to the grantee's heirs and assigns created a factual ambiguity precluding summary judgment.

Disposition

affirmed