Real Property - Easements - Implied Easement of Access , Created by Conveyance with Reference to Plat, as Surviving Vacation of Street

Plaintiff sued to recover his deposit and search fee on a contract for the purchase of lands, a valuable part of which lay within the limits of two vacated streets. He contended the title was unmarketable because all owners of lands conveyed with reference to a plat showing these streets had by those conveyances acquired easements of access which survived the subsequent vacation of the streets by municipal authorities. The vacated streets had never been used and there were no physical indicia of them. Evidence showed all the lots on the map had access to the public highway system without using the streets.

The trial court held the title was unmarketable as owners of lots abutting the vacated streets retained private rights in them. On appeal, held, reversed. The title is marketable. No rights constitutionally compensable in law are now held by the owners of lots abutting on the vacated streets or on cross streets, since all lots have access to the public highway system.

Highway Holding Co. v. Yara Engineering Corp., (N.J. 1956) 123 A. (2d) 511.