19 Jul 2007
FREESTYLE ENTERPRISES V STARFIN GRP AND ANOR HC AK CIV 2006-404-007820
- Citation
- openlaw-7129a36c_0b79_4aa8_8e29_295c1ba5d0bd.pdf
- Court
- High Court
The 1995 parking easement was created by a transferor who owned the three lots and expressly defined the dominant land to include the two lots together with the 1985 right-of-way; on construction of the 1995 instrument and applying the ancillary-use principle, the court held the dominant owners are permitted to access the parking area (D) via the A portion of the 1985 right-of-way and such use does not impermissibly extend the 1985 grant.