Ashby v. MAECHLING’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he scope of an implied easement should consider the actual uses being made [of the dominant estate] at the time of the severance, such uses as the facts and circumstances show were within the reasonable contemplation of the parties at the time of the conveyance, and such uses as the parties might reasonably have expected from future uses of the dominant tenement.... [I]f the severance occurred at a time prior to the general use of motor vehicles and electric power, an easement by necessity may still allow for reasonable technological developments ....”

   1 later decision quote this exact passage · from the majority
   e.g. Francini v. Goodspeed Airport, LLC

2. “easements by necessity cannot be used at will, but must be exercised with due regard to the rights of both parties so that the use does not encroach upon the land of his grantor further than circumstances render it necessary”

   1 later decision quote this exact passage · from the majority
   e.g. Francini v. Goodspeed Airport, LLC