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Albenberg v. Szalay

The plaintiff's express easement across the defendants' property could not be varied or expanded on the basis of an implied easement or a utilities easement.

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Anne Albenberg, whose property is landlocked, filed this action against adjoining landowners James and Karin Szalay, seeking, among other things, an ingress-egress easement across the Szalays’ property. Both parties moved for summary judgment. The trial court granted both motions in part and denied both motions in part, and these appeals followed.

We find that the trial court correctly determined that Albenberg has an express easement across the Szalays’ property, a finding with which the Szalays now agree. But we reject Albenberg’s contention that that express easement can be varied or expanded on the basis of an implied easement or a utilities easement. We likewise find that the Szalays’ are entitled to summary judgment on Albenberg’s claim for a prescriptive easement because the undisputed evidence shows that she abandoned any prescriptive easement. Accordingly, we affirm in part and reverse in part.

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