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Appeals court hears dispute over private-way easements and beach access in Buttermilk Bay subdivision
Summary
Counsel for the former lot owner argued subdivision deeds and the derelict-fee statute give lot owner rights to use private ways and a common beach area; opposing counsel said recorded partition deeds conveyed the beach fee and no easement over the beach was granted.
Kevin Gini, representing the appellants in Pincigato v. Davies, argued the 1955 subdivision deeds and subsequent conveyances create express easement rights to Gainsborough Drive and Arlington Drive that confer access to the map-labeled "beach area" for lot 5. Gini told the panel that the initial 1956 deed conveyed express rights of way and appurtenances that “stick with the property” unless explicitly extinguished, and that no instrument in the chain of title extinguished those rights for Gainsborough or Arlington. He urged the court to apply the…
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