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LSL, LLC v. Kristin Lyons Revocable Trust
LSL, LLC, ET AL. v. THE KRISTIN LYONS
REVOCABLE TRUST ET AL.
(AC 48682)
Moll, Suarez and Westbrook, Js.
Syllabus
The defendants appealed from the trial court’s judgment for the plaintiffs on their counterclaim alleging, in part, that they had an easement by implication over the plaintiffs’ property. The property of both parties had once been owned as a single parcel by the same individual, and the defendants alleged that an implied easement was consistent with the history of the subject properties and the use by their owner and residents. The court initially denied the plaintiffs’ motion for summary judgment on the counterclaim but, after granting the plaintiffs’ motion for reargument, rendered judgment for the plaintiffs. The defendants claimed, inter alia, that the court improperly determined that reasonable necessity is an essential element of an implied easement and improperly granted the plaintiffs’ motion for summary judgment on that ground. Held:
The trial court properly concluded that a showing of reasonable necessity is essential to establish the existence of an implied easement based on a prior use, as, in circumstances like the present case in which a recorded instrument does not expressly delineate or support the finding of an easement and there is no absolute necessity, a party must show both that such easement was intended by the grantor at the time of severance and was reasonably necessary to the use and normal enjoyment of the property.
The trial court did not abuse its discretion in granting the plaintiffs’ motion for summary judgment, as the defendants failed to establish that a genuine issue of material fact existed as to whether the access to the plaintiffs’ property requested by the defendants was reasonably necessary for the use and normal enjoyment of the defendants’ property.
The trial court did not abuse its discretion in granting the plaintiffs’ motion for reargument, as, although the plaintiffs raised no additional evidence relevant to their argument on the motion for summary judgment and cited no overlooked case law, the plaintiffs moved for reargument to address a principle of law that had a controlling effect on the outcome of the case.
Argued April 28—officially released August 18, 2026
Procedural History
Action to recover damages for, inter alia, trespass, and
for other relief, brought to the Superior Court in the judicial district of New Haven, where Catherine M. Carrabba,
as trustee of The Kristin Lyons Revocable Trust, was
cited in as a defendant; thereafter, the defendants filed
LSL, LLC v. Kristin Lyons Revocable Trust
a counterclaim; subsequently, the case was transferred
to the judicial district of Hartford, Complex Litigation
Docket, where the court, Farley, J., denied the plaintiffs’ motion for summary judgment on the counterclaim;
thereafter, the court, Farley, J., granted the plaintiffs’ motion for reargument, vacated its prior decision, and
rendered summary judgment for the plaintiffs on the
counterclaim, from which the defendants appealed to
this court. Affirmed.
Kevin S. Coyne, for the appellants (defendants).
Adam M. Swanson, with whom, on the brief, were
Alexa Marie J. Derkasch, Charles D. Ray, Jessica D.
Bowman, Michael S. Taylor and Thomas E. Crosby, for
the appellees (plaintiffs).
Opinion
WESTBROOK, J. The defendants, Catherine Carrabba
(Catherine), both individually and in her capacity as
trustee of The Kristin Lyons Revocable Trust (trust),
and Stephen Carrabba (Stephen), appeal from the judgment of the trial court granting the motion for summary
judgment filed by the plaintiffs, LSL, LLC, Lili Foggle,
and John Foggle. In the underlying action, the plaintiffs sought to preclude the defendants from traversing the
plaintiffs’ adjoining property to access a private beachfront located on the southwest portion of the plaintiffs’ property and to gain entry to the defendants’ barn, which is located near the defendants’ northern boundary with
the plaintiffs’ property. On appeal, the defendants claim that the trial court improperly (1) granted the plaintiffs’ motion for summary judgment on the ground that
reasonable necessity is a required element to establish
an easement by implication and the defendants failed
to present evidence establishing such necessity and (2)
granted the plaintiffs’ motion for reargument of its
initial denial of the plaintiffs’ motion for summary judgment. We affirm the judgment of the trial court.
LSL, LLC v. Kristin Lyons Revocable Trust
The following undisputed facts, as set forth by the
court, and procedural history are relevant to this appeal. The plaintiff LSL, LLC, whose members are Lili Foggle,
the managing member, and John Foggle (Foggles), owns
22.38 acres of undeveloped land that is located along
Longshore Lane in the town of Madison and fronts Long
Island Sound (Foggle property). The Foggle property
has a large tidal wetland area in its center that bisects it from north to south and drains into Long Island Sound.
At the southwest corner of the Foggle property is a private beach, referred to by the parties as “Mud Beach.”
Footbridges and accessways provide pedestrian access
to Mud Beach through the Foggle property. The Foggles
have resided at 107 Longshore Lane in Madison (Foggle
home), which is an adjacent lot located to the southeast
of the Foggle property that fronts Long Island Sound,
since August 8, 2008.
Catherine, as trustee of the trust, owns 78 Longshore
Lane (Carrabba property), located east of the Foggle property and to the north of the Foggle home. Catherine and
her husband, Stephen (Carrabbas), reside on the Carrabba
property. Catherine, as trustee of the trust, has owned
the Carrabba property since July 1, 2019. The Foggle
home lies between the Carrabba property and Long Island
Sound. On the west side of the Carrabba property, the
Carrabbas can access Mud Beach using the footbridges
and accessways that traverse the Foggle property. The
area adjacent to the northern side of the Carrabba property contains a barn that is located entirely on the Carrabba property (barn area). The northern portion of the
barn area, however, is very close to the property line
shared with the Foggle property. Although the Carrabbas can access the barn area from the Carrabba property,
they allege that, historically, access has also been made by crossing the Foggle property to the northern side of
the barn area.
The Foggle property, the Foggle home, and the Carrabba property were previously held in unity by the Hotchkiss family. H. Stewart Hotchkiss owned ten parcels of
LSL, LLC v. Kristin Lyons Revocable Trust
land (Hotchkiss property), including a farmhouse on
what is now the Carrabba property, which were later
devised to his wife, Elizabeth Washington Hotchkiss,
after his death in 1947. In 2001, the Carrabba property
was separated from the remaining Hotchkiss property
and conveyed into a separate Hotchkiss family trust for
estate planning purposes. The Hotchkiss family continued to live on what is now referred to as the Carrabba
property and accessed Mud Beach by crossing what is
now the Foggle property until 2006, when the Hotchkiss
family conveyed the Foggle property to John V. Greco
by way of a warranty deed. The Greco deed contained no
references to easements or rights of way over the Foggle
property benefiting the Carrabba property. A 2006 survey map filed on the Madison land records shows two
parcels: the 22.38 acre Foggle property and the 3.7 acre
Carrabba property. The map does not reflect any easement
rights appurtenant to the Carrabba property through
the Foggle property, nor does it depict any walkways,
footpaths, or bridges, although such features were present on the property at the time. In 2007, Greco conveyed
the Foggle property to Shorelands, LLC, by quitclaim
deed. This deed also did not contain any references to
easements or rights of way over the Foggle property. On
May 11, 2021, LSL, LLC, acquired the Foggle property
from Shorelands, LLC.
After the Hotchkiss family carved out the Carrabba
property, the Carrabba property entered into foreclosure, at which point Catherine, as trustee of the trust,
purchased the property from U.S. Bank Trust, N.A., as
trustee for LSF9 Master Participation Trust. The 2019
deed conveying the Carrabba property to Catherine, as
trustee, contains no reference to easements or rights of
way over the Foggle property. Prior to that conveyance,
in 2017, Stephen negotiated an agreement with Shorelands, LLC, under which Shorelands, LLC, agreed to
grant an easement to Stephen or his designee. The easement would provide beach access on the condition that
Stephen acquire the Carrabba property at any time prior
to May 1, 2038. The agreement was recorded on the land
LSL, LLC v. Kristin Lyons Revocable Trust
records in 2020 after Catherine, as trustee, had already
purchased the property. An easement was never granted
in accordance with that agreement, as the easement
was conditioned upon the purchase of the property by
Stephen, not the trustee of the trust. Additionally, Stephen released any claim under the agreement on May 6,
2021, a few days before LSL, LLC, purchased the Foggle
property. LSL, LLC’s deed to the Foggle property did,
however, contain references to several encumbrances,
including the 2017 letter agreement.
The plaintiffs commenced this action on December 8,
2021. On May 24, 2022, the plaintiffs filed their revised operative complaint, which sounded in trespass, nuisance, and unreasonable interference with property
rights and sought to enjoin the defendants from traversing the Foggle property and using Mud Beach in
any capacity. The defendants filed their amended answer
and special defenses on April 4, 2023. The defendants
asserted by way of special defense that “[an] implied
easement exists and has existed for a long period of time, consistent with the history of the subject properties and use by their owner and residents.” They argued that the
claimed easement runs over the pedestrian pathways
through the Foggle property leading to Mud Beach,
resulting in a benefit to the Carrabba property as the
dominant estate. The defendants also argued that the
implied easement includes a right to access the northern side of the barn area from the Foggle property. On
the basis of the foregoing, the defendants also filed a
four count counterclaim seeking (1) a declaratory judgment decreeing that the defendants have an easement by
implication as to both the pedestrian pathways leading
to Mud Beach and the northern portion of the barn area
located within the Carrabba property (counts one and
three) and, (2) pursuant to General Statutes § 47-31, to
quiet title and establish the defendants as owners of the easements (counts two and four).
On February 15, 2024, the plaintiffs filed a motion
for summary judgment as to the defendants’ four count
LSL, LLC v. Kristin Lyons Revocable Trust
counterclaim. The plaintiffs alleged that “there are no
facts that show the [defendants] have even a colorable
claim for declaratory judgment and quiet title through
easement by implication.” They argued that the defendants “have no evidence showing a servitude upon the
[plaintiffs’] property to access ‘Mud Beach’ or the alleged ‘barn area’ and . . . cannot prove that accessing these
areas is necessary . . . .” On the basis of the foregoing, the plaintiffs alleged that there was no material issue of fact “that the parties’ predecessors in title never intended to create any servitude or easement by implication.”
The trial court, Farley, J., in a memorandum of decision
dated October 16, 2024, initially denied the plaintiffs’
motion for summary judgment. The court concluded
that necessity was not a required element to establish
an easement by implication arising from the division of
formerly unified land. The court instead concluded that
the principal factor for consideration is the intent of the parties and a genuine issue of material fact remained
with regard to intent, despite the plaintiffs’ showing
that the defendants failed to refute evidence that access to Mud Beach and the northern portion of the barn area
was not necessary for the use and normal enjoyment of
the Carrabba property.
On November 4, 2024, the plaintiffs filed a motion to
reargue, claiming that the parties did not have an opportunity to address a particular case on which the trial court had based its opinion. The court granted the motion and,
on April 14, 2025, issued its memorandum of decision
following reargument. The court concluded that “a showing of reasonable necessity is essential to establish the existence of an implied easement based on a prior use.”
The court further concluded that the defendants had
failed to establish that a genuine issue of material fact existed as to whether access to Mud Beach and the barn
area was necessary for the reasonable enjoyment of the
Carrabba property. The court, however, could not reach
the same conclusion with respect to intent. Rather, it
stated that, because it is the province of the trier of fact
LSL, LLC v. Kristin Lyons Revocable Trust
to discern intent from the use of the easement prior to
and after the severance, it “could not [render] summary
judgment on the question . . . .”1 Thus, on the basis of
reasonable necessity, the court rendered summary judgment in favor of the plaintiffs. This appeal followed.
I
The defendants claim on appeal that the trial court
improperly determined that reasonable necessity is an
essential element of an implied easement and that the
court improperly rendered summary judgment for the
plaintiffs because it relied on that determination in concluding that the plaintiffs were entitled to judgment as
a matter of law. We disagree.
Before we address the merits of the defendants’ claim,
we begin by setting forth our standard of review and
fundamental principles of law governing easements.
At the outset, we note that “[t]he standard of review of
a trial court’s decision granting summary judgment is
well established. Practice Book § 17-49 provides that
summary judgment shall be rendered forthwith if the
pleadings, affidavits and any other proof submitted
show that there is no genuine issue as to any material
fact and that the moving party is entitled to judgment
as a matter of law. In deciding a motion for summary
judgment, the trial court must view the evidence in the
light most favorable to the nonmoving party. . . . The
party moving for summary judgment has the burden of
showing the absence of any genuine issue of material fact and that the party is, therefore, entitled to judgment
as a matter of law. . . . Our review of the trial court’s decision to grant [a] motion for summary judgment is
plenary. . . . On appeal, we must determine whether the
legal conclusions reached by the trial court are legally
and logically correct and whether they find support in the facts set out in the memorandum of decision of the trial
court.” (Internal quotation marks omitted.) Francini v.
1
We need not address the issue of intent and instead focus only on the issue of reasonable necessity.
LSL, LLC v. Kristin Lyons Revocable Trust
Goodspeed Airport, LLC, 327 Conn. 431, 436–37, 174
A.3d 779 (2018).
To assure safe reliance on land records, “implied easements are disfavored in Connecticut and are allowed to
a very much more limited extent than in many other
states.” (Internal quotation marks omitted.) Kenny v.
Dwyer, 16 Conn. App. 58, 65, 546 A.2d 937, cert. denied,
209 Conn. 815, 550 A.2d 1084 (1988). “Where, during
the unity of title, an apparently permanent and obvious
servitude is imposed on one part of an estate in favor of another, which at the time of the severance is in use,
and is reasonably necessary for the fair enjoyment of the other, then, upon a severance of such ownership, whether
by voluntary alienation or by judicial proceedings, there arises by implication of law a grant or reservation of the right to continue such use. In such case, the law implies that with the grant of the one an easement is also granted or reserved, as the case may be, in the other, subjecting it to the burden of all such visible uses and incidents as are reasonably necessary to the enjoyment of the dominant
heritage, in substantially the same condition in which it appeared and was used when the grant was made.” (Internal quotation marks omitted.) Rischall v. Bauchmann,
132 Conn. 637, 642–43, 46 A.2d 898 (1946).
More recently, this court explained that “[a]n easement
by implication, also referred to as an implied easement,
is typically found when land in one ownership is divided
into separately owned parts by a conveyance, and at the
time of the conveyance a permanent servitude exists as
to one part of the property in favor of another which
servitude is reasonably necessary for the fair enjoyment of the latter property.” (Internal quotation marks
omitted.) Deane v. Kahn, 179 Conn. App. 58, 70, 178
A.3d 403 (2018). In other words, to determine whether
an easement by implication has arisen, we examine “(1)
the intention of the parties, and (2) if the easement is
reasonably necessary for the use and normal enjoyment
of the dominant estate.” Utay v. G.C.S. Realty, LLC, 72
Conn. App. 630, 637, 806 A.2d 573 (2002).
LSL, LLC v. Kristin Lyons Revocable Trust
Additionally, “[t]he intent of the grantor to create
an easement may be inferred from an examination of
the deed, maps and recorded instruments introduced
as evidence.” Id. “[T]o establish an easement by implication, the plaintiff has the burden of demonstrating a
preexisting use of an apparent servitude at the time the
property was severed into separate parcels. . . . Such use may be established by direct evidence of that use by the
grantor, but may also be established, more indirectly,
by circumstantial evidence of the existence of a use both prior to and after the severance from which it reasonably may be inferred that the same use by the grantor existed
at the time of conveyance and was intended to continue.”
(Citation omitted.) Deane v. Kahn, supra, 179 Conn.
App. 74. Put differently, a party can establish that a
grantor intended to convey a servitude by showing use
of the servitude at the time of severance or by providing evidence that it can be reasonably inferred that use
of the servitude, subsequent to severance, is consistent
with its use at the time of severance.
“Although the intent to create an easement by deed is
. . . a question of law over which our review is plenary . . . if the language of the deed is incomplete or ambiguous
regarding the location, scope, or use of the easement, the trial court’s resolution of those issues represents a question of fact subject to the clearly erroneous standard of review.” (Citation omitted.) Deane v. Kahn, 317 Conn.
157, 167 n.6, 116 A.3d 259 (2015).
Consistent with the case law previously set forth, we
must first consider whether reasonable necessity is a
required element for the establishment of an easement
by implication.
A
Our Supreme Court’s decision in Rischall v. Bauchmann, supra, 132 Conn. 637, provides insight into the
elements required to establish an easement by implication on the basis of prior use. In that case, our Supreme Court held that, to establish an easement by implication, the
LSL, LLC v. Kristin Lyons Revocable Trust
party must establish that “during the unity of title, an
apparently permanent and obvious servitude is imposed
on one part of an estate in favor of another, which at
the time of the severance is in use, and is reasonably
[necessary] for the fair enjoyment of the other . . . .”
(Emphasis added.) Id., 642. The court further found
that “[t]he principle underlying the creation of an easement by implication is that it is so evidently necessary
to the reasonable enjoyment of the granted premises, so
continuous in its nature, so plain, visible and open, so
manifest from the situation and relation of the two tracts that the law will give effect to the grant according to
the presumed intent of the parties. . . . Consequently, in determining whether an easement by implication exists,
statements by the grantor to the grantee made prior to
the consummation of the transaction to the effect that
a license and not an easement is to pass by the conveyance are admissible.” (Citation omitted; emphasis added;
internal quotation marks omitted.) Id., 645.
The rule set forth in Rischall has since been distilled
into a clear two part test. As stated previously in this
opinion, to determine whether an easement by implication has arisen, we examine “(1) the intention of the parties, and (2) if the easement is reasonably necessary for the use and normal enjoyment of the dominant estate.”
(Emphasis added.) Utay v. G.C.S. Realty, LLC, supra,
72 Conn. App. 637. The use of the conjunctive “and”
in Utay’s restatement of the test set forth in Rischall
conveys that this court intended to impose two requirements for a finding of an easement by implication. See
Ahmadi v. Ahmadi, 294 Conn. 384, 393, 985 A.2d 319
(2009) (“we find significance in the use of the word and
between . . . two stated conditions” (internal quotation
marks omitted)).
The defendants argue that the intent of the grantor
is sufficient to establish an easement by implication
and point to language in a footnote in Cheshire Land
Trust, LLC v. Casey, 156 Conn. App. 833, 115 A.3d 497
(2015), which states that “[n]ecessity is not . . . a basis
LSL, LLC v. Kristin Lyons Revocable Trust
independent of the parties’ intent on which to find that
an easement by implication exists. . . . Rather, the fact that an easement was reasonably necessary supports
the conclusion that the parties intended to create the
easement.” Id., 853 n.9; see McBurney v. Cirillo, 276
Conn. 782, 800, 889 A.2d 759 (2006), overruled on other
grounds by Batte-Holmgren v. Commissioner of Public
Health, 281 Conn. 277, 914 A.2d 996 (2007). The defendants’ interpretation of and reliance on this footnote,
however, is misguided.
In McBurney, our Supreme Court determined that,
inter alia, an easement by implication can be inferred
from a map. McBurney v. Cirillo, supra, 276 Conn.
806–807. In that case, an 1885 plan clearly defined four
beachfront lots separated from Long Island Sound only
by a parcel of land that was designated as “lawn.” Id.,
787. Owners of lots located further inland, but on the
same street, used this “lawn” area to access Long Island
Sound. Id., 789–90. The owners of the beachfront lots
brought quiet title actions against the owners of the rear lots, aiming to preclude their use of the “lawn” area to
access the beach. Id., 791. The Supreme Court found
that “it is reasonable to infer that the original intent of the grantor was that the area designated as ‘lawn’ . . .
remain open for use by the rear lot owners . . . .” Id., 805.
Just as recorded instruments may establish the intent
of a grantor, they also may establish the reasonable necessity for an easement, thus implicating the original rule
from Rischall. The decision in McBurney establishes
that an easement by implication may be found without an express finding of necessity under two theories:
the equitable estoppel theory and the implied covenant
theory. Id., 799. Under the equitable estoppel theory, “an implied easement exists in a lot owner when the owner
reasonably anticipated the use of the streets disclosed
on the map that would prove beneficial to him . . . .”
(Emphasis added; internal quotation marks omitted.)
Id. Under the implied covenant theory, the owner may
claim an easement “if the [anticipated] use served as an
LSL, LLC v. Kristin Lyons Revocable Trust
inducement to the purchase of the lot.” (Internal quotation marks omitted.) Id. Under these two theories,
necessity is found through implication on the basis of
either an inducement to purchase property or reasonable
anticipation of the challenged easement’s use. Id. The
court in McBurney concluded that a map that designates
an area as a park identifies an area that is such a “prominent and attractive . . . feature . . . [that it] was essential to the completeness” of the parcels at issue. (Internal
quotation marks omitted.) Id., 804. Precluding the use
of such a feature restricts the grantee’s right to the use and normal enjoyment of their property, which makes
that feature reasonably necessary.
In circumstances in which a recorded instrument does
not expressly delineate or support the finding of an easement, however, a party must show that such easement
was intended by the grantor at the time of severance and
is reasonably necessary to the use and normal enjoyment
of the property. Both elements are required to establish
an easement by implication under such circumstances. As
a result, we reject the defendants’ claim that “[t]he intent of the grantor is undoubtedly the basis upon which to
find an easement by implication” and uphold the court’s
conclusion that “a showing of reasonable necessity is
essential to establish the existence of an implied easement based on a prior use.”
B
Having concluded that reasonable necessity is an essential element of an easement by implication in instances
where an easement cannot be inferred from a recorded
instrument and there is no absolute necessity, we must
now decide whether access to Mud Beach and the northern
border of the barn area were reasonably necessary for the use and normal enjoyment of the Carrabba property. In
doing so, we must also determine the extent of necessity
required by our case law to establish that an easement
by implication was reasonably necessary.
We first note that “[a]n easement by implication does
not arise by mere convenience or economy, but exists
because of some significant or unreasonable burden as to
LSL, LLC v. Kristin Lyons Revocable Trust
access that demands the easement’s presence.” (Internal
quotation marks omitted.) Utay v. G.C.S. Realty, LLC,
supra, 72 Conn. App. 638. Still, “[i]n so far as necessity is significant [for an easement by implication] it is sufficient if the easement is highly convenient and beneficial for the enjoyment of the dominant estate.” (Internal quotation
marks omitted.) Gemmell v. Lee, 59 Conn. App. 572, 577,
757 A.2d 1171, cert. denied, 254 Conn. 951, 762 A.2d
901 (2000). This is distinguishable from an easement by
necessity, in which, typically, the element of necessity is established by the grantee’s inability to use its property beneficially because it lacks physical access to it, “[f]or the law will not presume, that it was the intention of the parties, that one should convey land to the other, in such [a] manner that the grantee could derive no benefit from
the conveyance . . . .” (Internal quotation marks omitted.) Francini v. Goodspeed Airport, LLC, 164 Conn. App.
279, 285, 134 A.3d 1278 (2016), aff’d, 327 Conn. 431,
174 A.3d 779 (2018).
As discussed previously in this opinion, the decision in
McBurney clearly states that an easement by implication
may be found through recorded instruments. McBurney
v. Cirillo, supra, 276 Conn. 802. Parties claiming an easement may rely on a recorded instrument to establish that
a common grantor intended that there be an easement.
See Gemmell v. Lee, supra, 59 Conn. App. 577 (recorded
instruments established intent prong and plaintiffs
presented evidence establishing reasonable necessity,
resulting in easement by implication). As the trial court found, “[i]n this context, necessity plays a supporting
but nonessential role in determining the existence of an
implied easement that is rooted in recorded instruments.”
When there is no recorded instrument establishing an
easement and an easement is not required by necessity,
we must determine whether the claimed easement is
reasonably necessary. In doing so, we must determine the
extent of necessity required to establish an easement by
implication. Other jurisdictions have generally concluded that “[t]he test of necessity is whether the party claiming
LSL, LLC v. Kristin Lyons Revocable Trust
the right can, at reasonable cost, create a substitute on such party’s own estate. Thus, if the dominant land can
be used without an easement by a reasonable expenditure
the factor of necessity is lacking.” (Footnote omitted.)
28A C.J.S. 459–60, Easements § 78 (2019); see also
Ouellette v. Bolduc, 440 A.2d 1042, 1046 (Me. 1982)
(“[m]ere convenience, however great, will not suffice . . . [a]nd the test of necessity is whether the party claiming the easement can at reasonable cost on his own estate
create a substitute”); Cheney v. Mueller, 259 Or. 108,
122, 485 P.2d 1218 (1971) (“[o]rdinarily, if the dominant land can be used without an easement by a reasonable
expenditure the factor of necessity is lacking” (internal quotation marks omitted)); Berlin v. Robbins, 180 Wn.
176, 189, 38 P.2d 1047 (1934) (“[t]he test of necessity
is whether the party claiming the right can, at reasonable cost, on his own estate, and without trespassing on
his neighbors, create a substitute”). Thus, in assessing
reasonable necessity, we must determine whether the
dominant land is capable of use and normal enjoyment
without the easement, or whether the party claiming the
easement can create a substitute at a reasonable cost. If one of these elements is met, then reasonable necessity
is lacking and there is no easement by implication.
Our state’s precedent generally falls in line with this
rule. In Utay, this court held that an easement to provide additional access to an obstructed driveway was
not reasonably necessary. Utay v. G.C.S. Realty, LLC,
supra, 72 Conn. App. 638. The plaintiff “ha[d] full and
complete access to his property, and continue[d] to access the rear of his property by using the partially obstructed driveway . . . .” Id., 639. Notably, this court held that, “although an easement over the plaintiff’s property would enhance the enjoyment of the defendant’s property, it
was not necessary to the fair enjoyment thereof . . . .”
(Emphasis added; internal quotation marks omitted.) Id.,
640. This court has also concluded that the creation of
an easement on a private road to access an intersection
that is easily accessible through other means was not
reasonably necessary. Walters v. Servidio, 227 Conn.
LSL, LLC v. Kristin Lyons Revocable Trust
App. 1, 19–20, 320 A.3d 1008 (2024). Additionally,
we concluded that, even if renovations to a property
could be made in lieu of recognition of an easement,
the easement would be deemed reasonably necessary if
the renovations were exorbitantly expensive. Sanders
v. Dias, 108 Conn. App. 283, 294–95, 947 A.2d 1026
(2008). In Sanders, we held that “the significant cost of relocating a driveway to the defendants’ home, the risks
associated with the blasting near the defendants’ home,
the limited impact . . . on the plaintiff’s property . . . the grade of the defendants’ property, and safety issues
associated with the construction of a steep driveway”
made the easement reasonably necessary. (Internal quotation marks omitted.) Id. In Deane v. Kahn, supra, 179
Conn. App. 58, we held that an easement that provided
the landowner with access to a southern portion of his
property by traversing across the southern portion of his neighbors’ property was reasonably necessary. Id., 77.
We concluded that the plaintiff established an easement
by implication because, “[w]ithout direct vehicular access from the road [the plaintiff would have] been and [would] continue to be unable to conduct ordinary maintenance
of the lower portion of his property on a regular basis,
to deal with damage to that portion caused by unusual
events, such as a severe storm or flooding, to maintain
his well or seawall or to construct a beach or boat dock
on the river.” (Internal quotation marks omitted.) Id.
Our decision in Schultz v. Barker, 15 Conn. App. 696,
546 A.2d 324 (1988), is most on point with the facts of the present case. In Schultz, the parties’ uncle had devised
certain beachfront cottages located on a single parcel of land to the parties, who were siblings and heirs to their uncle’s estate. Id., 698. That land was then divided by
the executor of the estate with the consent of the heirs
and conveyed so that each beneficiary would own the land
underlying his or her respective cottage or cottages. Id. Although the land contained a beachfront, there was no
discussion among the heirs regarding their respective
rights thereto. Id. The defendant’s sister, who was not
a party to the action, granted him permission to use an
LSL, LLC v. Kristin Lyons Revocable Trust
area west of her property and also granted him an easement on the eastern side of her property. Id., 699. Despite the easement over this sister’s property, the defendant
attempted to pass over the plaintiff’s property to access the beach. Id., 699–700. The trial court, inter alia, concluded that the defendant had no right to pass over the
plaintiff’s property to access the beach. Id., 700.
On appeal we concluded that, “[a]lthough the previous use of the pathways over the plaintiff’s property
is an indication that these routes were convenient and
beneficial,” the defendant had “convenient access via
alternate routes.” Id., 701. The defendant had access to
the beach “by a deeded right-of-way” and, like the other
heirs, was “able to use the public beach.” Id., 701–702.
We concluded that “the trial court’s determination that
the defendant did not meet his burden of proving reasonable necessity, and therefore was not entitled to an
implied easement over the plaintiff’s property, was not
clearly erroneous.”2 Id., 702.
Each of the aforementioned cases demonstrates that
failure to establish reasonable necessity is fatal to a claim of an easement by implication. In Utay, the plaintiff could continue the use and normal enjoyment of his property
without the easement, and the plaintiffs in Walters
and the defendant in Schultz had access to an alternative route at no cost, or, as in Schultz, had access to an alternative at a reasonable cost, namely, the public beach.
In the present case, the defendants presented no evidence that use of the established pedestrian pathways
on the Foggle property or other portions of the property
to access the barn area and Mud Beach was reasonably
necessary for the use and normal enjoyment of the Carrabba property. The defendants failed to present evidence tending to prove that access to the barn area is
reasonably necessary for the use and normal enjoyment
2
Although the procedural posture of Schultz differs from the present case, we find Schultz persuasive in that it illustrates how reasonable necessity is lacking in circumstances in which there is a reasonable alternative to establishing an easement by implication.
LSL, LLC v. Kristin Lyons Revocable Trust
of their property. The barn area is located entirely on
the Carrabba property and, although the rear of the
barn area appears to be close to the property line of the Foggle property, the defendants can access the barn
area from within their own property. As there is an
alternative form of access, like in Schultz and Walters,
the defendants’ claimed easement to the barn area lacks
reasonable necessity. The defendants’ claimed easement
over the Foggle property to Mud Beach fails for similar
reasons. The defendants have not presented any evidence
establishing how access to Mud Beach is reasonably necessary to the use and normal enjoyment of the Carrabba
property. Additionally, like the defendant in Schultz,
the defendants have access to a nearby public beach,
which serves as a reasonable alternative to the claimed
easement. Therefore, the trial court correctly concluded
that access to Mud Beach is not reasonably necessary for
the use and normal enjoyment of the Carrabba property.
The plaintiffs’ well supported motion for summary
judgment demonstrated that, as an initial matter, there
is no genuine factual dispute as to the issue of reasonable necessity. Because the plaintiffs satisfied their initial burden as the movants, the burden shifted to the defendants, and the plaintiffs correctly observed that “[t]he
[defendants] have no evidence showing a servitude upon
the [plaintiffs’] property to access ‘Mud Beach’ or the
alleged ‘barn area’ and the [defendants] cannot prove
that accessing these areas is necessary . . . .” The defendants submitted evidence only in relation to the intent
prong in their response to the plaintiffs’ motion. Because the defendants failed to establish that a genuine issue
of material fact existed as to reasonable necessity, the
trial court did not abuse its discretion in granting the
plaintiffs’ motion for summary judgment.
II
The defendants next claim that the trial court improperly granted the plaintiffs’ motion to reargue its initial denial of the plaintiffs’ motion for summary judgment.
The defendants argue that, because the plaintiffs raised
LSL, LLC v. Kristin Lyons Revocable Trust
no additional evidence relevant to their argument on the
motion for summary judgment and cited no overlooked
case law, the trial court lacked a proper basis for granting the plaintiffs’ motion. We disagree.
The following additional facts and procedural history are relevant to this claim. The court, in its original memorandum of decision on the plaintiffs’ motion for
summary judgment, stated that the court in Cheshire
Land Trust, LLC v. Casey, supra, 156 Conn. App. 853
n.9, held that “the consideration of necessity is merely
one pathway to address the ‘principal factor’ of intent.” The plaintiffs’ motion for reargument asserted that
“[t]he dicta relied on by this court from the Cheshire
Land Trust [LLC] case mistakenly applied the necessity
test from a map case to a circumstance involving unity
of title.” In the defendants’ objection to the motion for reargument, they argued that the plaintiffs “claim that
the court overlooked or misapplied a [principle] of law as it relates to easement[s] and now [attempt] to cite to cases which they did not cite to in pursuing their motion for
summary judgment.” Thereafter, the trial court granted
the plaintiffs’ motion for reargument, heard oral argument on the motion, and agreed “that the discussion of
necessity in Cheshire Land Trust [LLC] was dicta.”
We begin with the standard of review and relevant
legal principles. “[I]n reviewing a court’s ruling on a
motion to open, reargue, vacate or reconsider, we ask
only whether the court acted unreasonably or in clear
abuse of its discretion. . . . When reviewing a decision
for an abuse of discretion, every reasonable presumption should be given in favor of its correctness. . . . As with any discretionary action of the trial court . . . the ultimate [question for appellate review] is whether the
trial court could have reasonably concluded as it did. . . . [T]he purpose of a reargument is . . . to demonstrate to
the court that there is some decision or some principle of law which would have a controlling effect, and which has
been overlooked, or that there has been a misapprehension of facts. . . . It also may be used to address . . . claims
LSL, LLC v. Kristin Lyons Revocable Trust
of law that the [movant] claimed were not addressed by
the court. . . . [A] motion to reargue [however] is not to be used as an opportunity to have a second bite of the
apple . . . .” (Internal quotation marks omitted.) Prioleau v. Agosta, 232 Conn. App. 94, 101–102, 335 A.3d
93 (2025). In addition to the foregoing, we note that,
“[n]otwithstanding the absence of a rule or statute, it is the inherent authority of every court, as long as it retains jurisdiction, to reconsider a prior ruling. . . . If a court is not convinced that its initial ruling is correct, then in the interests of justice it should reconsider the order,
provided it retains jurisdiction over the subject matter
and the parties. . . . Likewise, courts have the inherent authority to open, correct or modify judgments, but
this authority is restricted by statute and the rules of
practice.” (Citation omitted; internal quotation marks
omitted.) Prioleau v. Agosta, 220 Conn. App. 248, 258,
297 A.3d 1012 (2023).
In the present case, the issue raised by the plaintiffs in their motion for reargument concerned the interpretation of a case principally relied on by the trial court in its first memorandum of decision. The trial court clearly relied on Cheshire Land Trust, LLC, to deny initially
the motion for summary judgment on the basis that
reasonable necessity is not a required element, which the plaintiffs sought to clarify through its motion to reargue. The court stated at the outset of reargument that it did
not view “this as a second bite at the apple situation”
and “agree[d] that footnote 9 in the Cheshire Land Trust
[LLC] case is dicta . . . .” Reargument allowed the parties to address whether and how the court should interpret the challenged language in Cheshire Land Trust, LLC. Such
an issue may properly be addressed as either an inconsistency in the memorandum of decision or a claim of law
not properly addressed by the court. Furthermore, the
court was free to “open, correct or modify” its judgment. Therefore, because the plaintiffs moved for reargument
to address a principle of law that had a controlling effect
LSL, LLC v. Kristin Lyons Revocable Trust
on the outcome of the case, the trial court did not abuse its discretion in granting reargument.
The judgment is affirmed.
In this opinion the other judges concurred.