Chap4briefs - Easement of Light and Air Fontainebleau Hotel...

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Easement of Light and Air Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc. Facts : The Fountainebleau Hotel wanted to construct an addition to their hotel on the north property line. The addition would block the sun from the Eden Hotel from two o'clock on. The Eden Hotel sought to enjoin the Fountainbleau from building the addition because it would cause damage to them because their guests could not use the beach due to the shadow. Issues : Does the construction of the addition interfere with the easements of light and air enjoyed by the plaintiff and its predecessors in title? Analysis : Maxim sic utere tuo ut alienum means only that one must not use their land in a way that would injure the lawful rights of another. Since there was no statute or provision in a contract there is no legal right to the free flow of light and air. It has been consistently held that where a structure serves a useful and beneficial purpose, there is no cause of action whether it be for damages or for an injunction under the maxim sic utere tuo ut alienum non laedas even if it cuts off light or air. Decision : Reversed. Presumption Favoring Easements Appurtenant Shingleton v. State Facts: The plaintiff and state disputed about a wildlife area. The plaintiff conveyed a portion of his land to the state and in return the state gave the plaintiff an easement to a road running through the land. The state then claimed the easement was an easement in gross and could only be used by J.A. Shingleton himself. Shingleton claimed it was an easement appurtenant. Issues : What were the rights under the grant of easement? Analysis : An appurtenant easement is owned in connection with other real estate and as an incident to such ownership. An easement in gross is not appurtenant to any estate in land and does not belong to any person by ownership alone. An easement in gross is a personal interest in or the right to use the land. Without an express provision in the grant of easement restricting the use to only the plaintiff, it is assumed to be an easement appurtenant. Decision
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Chap4briefs - Easement of Light and Air Fontainebleau Hotel...

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