Griffeth v. Eid’s Empirical Analysis

Citation profile

2 federal appellate · 13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An easement by implication does not arise merely because its use is convenient to the beneficial enjoyment of the dominant portion of the property; the term ‘necessary1 means that there can be no other reasonable mode of enjoying the dominant tenement without the easement____ Some courts have adopted as the test of necessity the question of whether the use is one for which a substitute can be furnished by reasonable labor and expense.”

   1 later decision quote this exact passage
   e.g. 225 W. Va. 435 - Cobb v. Daugherty

2. “(1) the relevant parcels of land had been in unitary ownership; (2) the use giving rise to the easement was in existence at the time of the conveyance dividing ownership of the property; (3) the use had been so long continued and so obvious as to show that it was meant to be permanent; and (4) at the time of the severance, the easement was necessary for the proper and reasonable enjoyment of the dominant tract.”

   1 later decision quote this exact passage
   e.g. Springer v. Cahoy

3. ““ ‘arises where there is a conveyance of a part of a tract of land of such nature and extent that either the part conveyed or the part retained is shut off from access to a road to the outer world by the land from which it is severed or by this land and the land of strangers.’””

   1 later decision quote this exact passage
   e.g. Mougey Farms v. Kaspari