Ws Ce Resort Owner, LLC v. Holland

Summary

The court vacated the decision recognizing an easement in a golf course based solely on a subdivision plat and the homeowners' purchase of lots at a premium. It held that golf courses are not among the limited features for which plat designation alone presumptively establishes an easement, because the scope of such an interest is uncertain and settled expectations are lacking. On remand, the lower courts must determine from the relevant evidence, principally the deed and plat viewed as a whole, whether there was a sufficiently clear intent to grant an easement. The unanimous court did not reach the injunction issues or decide whether disputed facts preclude summary judgment.