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Holbrook v. Taylor

(1976)

Supreme Court of Kentucky - 532 S.W.2d 763

tl;dr:

Where a landowner tacitly or explicitly consents to use of his property that induces reasonable reliance to the licensee's detriment, he has granted an irrevocable easement by estoppel.

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Facts & HoldingHolbrook v. Taylor case brief facts & holding

Facts:The Holbrooks built a home on a property adjacent to...

Holding:The court held that the Holbrooks had an easement by...

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Majority opinion, author: STERNBERG, Justice.
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The case involves a dispute over the right to use a haul road on someone else's property. The lower court found that the right to use the easement was not established by prescription but had been established by estoppel. The court discussed the revocability of a license and the right of a licensee to erect structures and acquire an interest in the land in the nature of an easement by the construction of improvements thereon. The Supreme Court of Kentucky affirmed the decision on the basis of estoppel in the case of McCoy v. Hoffman, where the right of revocation of a license is subject to the qualification that if the licensee has made substantial expenditures on the faith or strength of the license, it becomes irrevocable and continues for as long as the nature of the license calls for. In Akers v. Moore, the Supreme Court of Kentucky considered the right to use a passway by estoppel and established the section of the road as a public way by estoppel.

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