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Baney v. Eoute

Where plaintiffs sought declaratory judgment that written easement granted unrestricted use of a fifty-foot right of way, dismissal of complaint affirmed; trial court did not err in relying upon extrinsic facts in determining parties' intent where a latent ambiguity existed with respect to the scope of the easement and, contrary to plaintiffs' assertion, the easement was, in its own terms, limited to a private road.

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� 1 William and Joy Baney (the Baneys) appeal from the trial court’s order dismissing their complaint and entering a declaratory judgment in favor of Emily Eoute. The Baneys contend that the trial court erred in finding ambiguity in the language of a document that conveyed an easement from Eoute to the Baneys. The Baneys further contend that the trial court erred in concluding that the use of the easement was limited to the existing roadway rather than the fifty-foot width indicated in the metes and bounds description. After study, we affirm.

� 2 In November 1993, the Baneys purchased approximately one and three-quarters of an acre of land from Eoute and her niece, Glenda Sweeney. In addition to the purchased property, Eoute and Sweeney conveyed an express easement to the Baneys, granting them the use of a private road that the Baneys use to access their property. The private road is only twenty feet wide. The deed conveying the easement states in pertinent part:

WITNESS, that the Grantors [Eoute and another] . . . have granted, bargained, and sold and by these presents do grant, bargain, and sell, unto the said Grantees [the Baneys], their heirs and assigns, the free and uninterrupted use, liberty and privilege of, passage in and along upon and out of a certain private road belonging to the Grantors situate in Porter Township, Clinton County, Pennsylvania, described as follows:

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