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Cox v. Glenbrook Co. | 371 P.2d 647 (1962)
An easement appurtenant grants privileges to whoever owns the dominant estate. But if the dominant estate is split among multiple owners, does everyone get to use the easement’s privileges?
In Cox versus Glenbrook, the owner of a secluded resort granted a right-of-way to a neighbor without any other means to access his land. But now, new owners of the neighboring land want to subdivide it and let every buyer access the resort’s road. Can the resort get a court to limit the easement’s benefits to a single owner?
Henry Quill owned a landlocked parcel near Lake Tahoe. Neighboring Quill’s land, the Glenbrook Company operated a peaceful, secluded resort. In Nineteen Thirty-Eight, Glenbrook granted an easement to Quill and any successor owner of Quill’s parcel. The easement enabled the holder to access the parcel from the highway. The resort had two roads, a golf course road and a back road, that permitted access to Quill’s land. Quill typically used the back road, which was wide enough for just one car with occasional turnouts.
The conveyance granted, quote, “an easement and right-of-way, with full right of use,” unquote, of Glenbrook’s roads as they were then located. The conveyance also reserved the resort’s right to relocate the right-of-way.
Cox and Detrick bought the Quill property in Nineteen Sixty and began preparing to subdivide the eighty acres into forty to sixty homesites. They graded the back road and wanted to expand it to two lanes. Glenbrook responded by blocking the golf course road.
Glenbrook sued Cox and Detrick, seeking a declaratory judgment interpreting the easement’s scope and extent. The trial court determined that the easement was restricted to use of the roads as presently constructed by a single family. Cox and Detrick appealed to the Nevada Supreme Court.
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