Richard G. Tappen v. Clark T. Hill

Summary

The court affirmed a judgment declaring that the Hill Family holds an implied easement for recreational use over the disputed portion of Sea Wall Beach. The subdivision plans, historical recreational use, and road network supported the conclusion that the developer intended the beach to benefit subdivision lot owners. The court also affirmed the refusal to locate the beach's northern boundary on the face of the earth because the evidence did not establish its precise location.