Question
Pacific Theatres and Supply Company, Limited, acquired title to a lot in Waikiki near Seaside and Kalakaua Avenue. The lot deed also provided: TOGETHER with
Pacific Theatres and Supply Company, Limited, acquired title to a lot in Waikiki near Seaside and Kalakaua Avenue. The lot deed also provided:
"TOGETHER with the perpetual right of ingress and egress over the 10-foot strip of land on the Western side of Lot 2-B".
Consolidated Amusement bought Pacific's lot and has operated a movie theater there since 1934. Waikiki Business Plaza acquired title to an adjacent lot and planned to construct the Plaza Building and set up vendors' booths in the area. Before the vendors began business and during construction, Consolidated and the Plaza agreed to allow a "pedestrian passageway" for Plaza activities when the Plaza commenced commercial business with various booths. Consolidated maintains the booths interfere with its easement for theater patrons. Plaza claims that small passageway is sufficient.
Who is correct?
Can the easement be reduced by agreement? In your view, which side has the stronger argument?
Waikiki Business Consolidated Amusement v. Plaza, 719 P.2d 1119 (Haw. 1986)
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