Background

• Subject: Dispute over two easements:
  1. Right-of-Way: A 15-foot path on Joannides' property connecting Delaneys' property to a municipal road.
  2. Right-of-Access: Allows Delaneys access to a well on Joannides' property.

Lower Court Decisions

• The Superior Court:
  1. Rejected Joannides' claims to limit the Right-of-Way and to nullify the Right-of-Access.
  2. Upheld Delaneys' claims, including amending instruments and preventing obstructions by Joannides.
  3. Declined to award damages to Delaneys despite acknowledging restricted use.

Key Issues on Appeal

1. Right-of-Way: Whether it includes the right to use a turnaround area.
2. Right-of-Access: Whether it should be extinguished since the well is contaminated and Delaneys' property is connected to municipal water.

Court of Appeal Findings

• Right-of-Way:
  • Upheld the interpretation that it includes the turnaround area.
  • Considered extrinsic evidence and historical use to resolve ambiguities.
• Right-of-Access:
  • Not extinguished; despite contamination, there was no radical change rendering it unusable or unnecessary.

Conclusion

• Appeal dismissed.
• Costs awarded to Delaneys: $20,000.

Legal Principles

• Latent Ambiguity: Allows extrinsic evidence to clarify easements.
• Ancillary Rights: Easements include necessary ancillary rights, like turnarounds.
• Extinguishment: Requires complete and permanent eradication of the easement’s purpose.