Lawyer Commentary Mondaq United States Implied Easements ' Can You Prohibit A Neighboring Property Owner From Changing The Use Of Its Property?

Implied Easements ' Can You Prohibit A Neighboring Property Owner From Changing The Use Of Its Property?

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Facts

This case involved a dispute between the owner/operator of a golf course and the owners of adjacent property in a residential community. Originally all the land was owned by one entity, that then sold lots overlooking the golf course at a premium. The deed for the property in the residential community described the property by reference to the lot and the recorded subdivision plat that included a map of the subdivision depicting a golf course. The plat map was recorded with the county. The developer later transferred the golf course to another entity. The purchaser, CE, was losing money on the golf course and proposed to develop the land. The adjacent property owners sued. The property owners and CE filed cross motions for summary judgment.

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