(Download) "Luevano V. Group One And Group Five" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Luevano V. Group One And Group Five
- Author : New Mexico Court of Appeals
- Release Date : January 21, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
John and Marilyn Luevano (plaintiffs) appeal the trial court's order granting summary judgment to a group of landowners (Group Five) and ordering plaintiffs to tear down a fence between their property and adjoining properties owned by Group Five. Two issues are raised on appeal: (1) whether the order from which appeal is taken is a final appealable order, and (2) whether Group Five had a valid easement, thus requiring plaintiffs to tear down the fence. The trial court held that Group Five possessed a valid easement as the result of an assignment. Because we conclude the subject easement was an easement appurtenant and not an easement in gross, we hold it was not assignable. We thus reverse the trial court and remand for consideration and disposition of other issues not previously reached.
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