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Gilbert v. Fine

A previous owner's attempt to create an easement across one portion of her property for the benefit of another portion while she still owned both was ineffective and the purported easement was void ab initio, since ' "no man can have an easement in his own land." '

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Dennis Fine, Christina Fine, and George Patronis collectively, the “plaintiffs” filed this action against Thomas Gilbert, Marilyn Gilbert, and Albert Remler collectively, the “defendants” seeking ejectment and a declaratory judgment, contesting the validity of a purported perpetual easement on the plaintiffs’ property created by a previous owner.1 The defendants counterclaimed, asserting claims for trespass and intentional interference with the use and enjoyment of their property. On cross-motions for summary judgment, the trial court granted summary judgment to the plaintiffs and denied summary judgment to the defendants. The defendants appeal, contending that the trial court’s summary judgment ruling was erroneous, and the plaintiffs cross-appeal, arguing that the trial court erred in failing to grant the affirmative relief they requested. For reasons that follow, we affirm.2

A07A1477

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