We are called upon to determine whether the Superior Court (Johnson, J.) erred in imposing what it determined to be reasonable use limitations on the plaintiffs’ exercise of an easement across the defendants’ land and abused its discretion by failing to rule specifically on the plaintiffs’ requests for findings of fact and rulings of law.
After the trial court’s decree was entered, both parties appealed. The plaintiffs excepted to the court’s ruling that they had only “a certain minimal easement right,” and to the court’s failure to rule on requests. The defendants excepted to the court’s recognition of any easement rights in the plaintiffs. After this appeal was entered, the defendants sold their property and withdrew their exceptions to the court’s decree. The new owners have not appeared. Accordingly, we consider only the plaintiffs’ exceptions.
At the time this case arose, the parties owned adjacent tracts of land with frontage on a public highway known as Bog Road in Springfield. The subject of the dispute is the Old Grantham Road, running perpendicular to the Bog Road, which was discontinued as a highway by action of the superior court in 1930. The defendants own the fee to the Old Grantham Road, but the plaintiffs claim an easement to haul large quantities of gravel and wood products over it. The road crosses the defendants’ land near their house, and leads to a gravel pit area located on the plaintiffs’ back land. The plaintiffs have built an alternative, but less convenient, access road to the pit across their own land.
The plaintiffs’ increased use of the discontinued road for large trucks hauling gravel led to a number of attempts by the defendants to
Plaintiffs argue that the easement recognized by the court, whether it arose by prescription or as a result of the discontinuance of a highway, may not be so restricted. We are not persuaded by this argument. The scope of a prescriptive easement is defined by the character and nature of the use that created it.
Cataldo v. Grappone,
Alternatively, if we assume that the plaintiffs’ easement arose because their land abutted a discontinued public highway, the exercise of that easement would also be limited to reasonable use. The doctrine of reasonable use applies even to a right of way expressly conveyed, without restrictions.
In this state the respective rights of dominant and servient owners are not determined by reference to some technical and more or less arbitrary rule of property law as expressed in some ancient maxim,... but are determined by reference to the rule of reason. The application of this rule raises a question of fact to be determined by consideration of all the surrounding circumstances. . . .
Plaintiffs’ argument that the trial court abused its discretion by not ruling on each of their requests for findings of fact and rulings of law is without merit.
See
RSA 491:15. The purpose of the statute “is fulfilled if the trial court files, in narrative form, the findings of essential facts which are sufficient to support his decision.”
R. J. Berke & Co. v. J. P. Griffin, Inc.,
Exceptions overruled.
