Mirage Hotel And Casino Las Vegas

The extent of an easement, like any other conveyance of rights in real property, is fixed by the language of the instrument granting the right. [FN10] Moreover, an easement must be construed strictly in accordance with its terms in an effort to give effect to the intentions of the parties. [FN11] Generally, easements are construed strictly in favor of the owner of the property. [FN12] A party is privileged to use another's land only to the extent expressly allowed by the easement. [FN13] As the Arizona Court of Appeals in Dixon v. City of Phoenix [FN14] observed, an easement is only as broad as needed to achieve the intended result:

FN10. See Cox v. Glenbrook Co., 78 Nev. 254, 371 P.2d 647 (1962).

FN11. See Sanders v. Lutz, 109 N.M. 193, 784 P.2d 12, 14 (1989).

FN12. See, e.g., Brown v. Eoff, 271 Or. 7, 530 P.2d 49, 52 (1975); Gambrell v. Schriver, 312 S.C. 354, 440 S.E.2d 393, 395 (App.1994).

FN13. See Mielke v. Yellowstone Pipeline Co., 73 Wash.App. 621, 870 P.2d 1005, 1006 (1994).

FN14. 173 Ariz. 612, 845 P.2d 1107, 1114 (App.1992).

The cases generally hold that an easement obtained by a governmental entity for a public use is only as broad as necessary for the accomplishment of the public purpose for which the easement was obtained and, to the extent the easement holder exceeds this right, it will be regarded as a trespasser and is responsible for damages.