Pelletier v. LAUREANNO
2012 R.I. LEXIS 98
| R.I. | 2012Background
- Pelletiers own lot 4 at 1771 Main Road; Laureanno owns lot 5 at 1767 Main Road in Tiverton, RI.
- A 1981 transfer created a maintenance easement across lot 4 for access to lot 5’s septic system and seawall, recorded with Farrises as owners of lot 5.
- November 1989 driveway agreement authorized Pelletier drive and parking on part of lot 4 and a wedge into lot 5, with shrubs and maintenance terms; agreement recorded.
- Laureanno purchased lot 5 in 1997 with knowledge of the maintenance easement but not the driveway agreement; later conditioned support for Pelletier dock expansion via a 2007 letter.
- Laureanno installed a fence in 2009 that partitioned the driveway area and allegedly rendered parking on Pelletier property impracticable, leading to a suit for injunctive relief and damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the driveway agreement create an easement or a license? | Pelletier claims an easement appurtenant running with the land. | Laureanno contends the agreement is a personal license, not an easement. | License, not an easement. |
| Does lack of explicit heirs/assigns language defeat an easement? | Language requirement not necessary to create an easement. | Absence of such language supports a license or revocable permission. | Lack of language does not create easement; document unambiguously a license. |
| Was the trial court's credibility assessment of Pelletier’s testimony proper? | Mrs. Pelletier's testimony supports intent to create a lasting easement. | Trial court appropriately found her testimony not credible. | Trial court's credibility determination upheld. |
Key Cases Cited
- Hilley v. Lawrence, 972 A.2d 643 (R.I.2009) (deference to trial court in nonjury geo for mixed questions; pure questions reviewed de novo)
- Ondis v. City of Woonsocket ex rel. Treasurer Touzin, 934 A.2d 799 (R.I.2007) (clear and convincing standard for easements)
- Carpenter v. Hanslin, 900 A.2d 1136 (R.I.2006) (intent of parties in constructing servitudes; effect of dispositive language)
- McAusland v. Carrier, 880 A.2d 861 (R.I.2005) (easement appurtenant requirements; dominant/servient estates)
- Laganiere v. Bonte Spinning Co., 103 R.I. 191 (R.I.1967) (credibility of witness testimony; discretion of trial court)
- Gorman v. Hand Brewing Co., 28 R.I. 180 (R.I.1907) (witness credibility and appellate deference standards)