HOWELL VS.

ESTES
“STAIRCASE SQUABBLE”

DOCTRINE:

Grantees are entitled to the use of easement provided that it is necessary for the full
enjoyment of the property granted to them, and that it will not necessitate alterations
involving labor and expense.

Daniel Howell owns 2 lots that were beside each other. Because he had money to
spare, he decided to build two-storey brick buildings on each of the lots, so that it won’t
look so bare and because he figured that a building would be useful instead of a bare
piece of land. One building had a stairway, which allowed access to both the top floors,
and the other did not.Howell conveyed the buildings to his children- the one with a
stairway to his son, and the one without to his daughter. The daughter eventually
conveyed her rights to the grantees. So the grantees thought that all was well and good
in their new place, and that they would be able to enjoy their new home without any
interruption. However, the son didn’t allow the grantees from using the stairway located
on his property. Hence, the grantees filed this suit, asserting that they be allowed to use
such. So are the grantees are entitled to use the stairway? Yes they are!

An easement is made of the dominant and servient estates, which must be ruled by
different owners, and when the owner of an estate enjoys an easement over the other
and gets title as well, there is no more easement. In this case, the Court ruled that the
easement should be for the reasonable and comfortable enjoyment of the property as it
existed before the grant. If the son prevents the grantees from using the stairway, this
disturbs their enjoyment of the building the daughter conveyed to them. The grantor
can’t just deny the use of open improvements which are necessary to the use of the
property granted, as long as it needs no further alterations involving labor and
expenses.