Ws Ce Resort Owner, LLC v. Holland

Summary

The court held that merely designating a golf course on a subdivision plat and selling lots with reference to that plat does not presumptively create an easement because the designation does not establish the easement's scope with reasonable certainty and settled expectations do not supply the missing intent. Any easement must instead be established from evidence showing clear intent in the deed and plat considered as a whole. The court vacated the Court of Appeals’ decision and remanded for further proceedings, including consideration of whether disputed facts preclude summary judgment.