Uploaded April 2025 | Updated September 2026, 3 weeks ago
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Alft v. Clayton
Tennessee Court of Appeals
1995 WL 412876 (1995)
Deeds can be used to convey more than just land. By granting an easement, a grantor may use his deed to transfer the right to use property he is not selling outright.
In Alft versus Clayton, we'll explore how courts determine who can benefit from an easement.
Charles Clayton conveyed land to Gracie Alft using a warranty deed. The deed included paragraphs with language that the deed also conveyed an easement for the right of egress and ingress over a dam and the Charles Clayton driveway so that Alft could access the road. The deed also provided that Alft and her husband had the right to access and use a nearby lake as long as they owned the property.
The deed stated that this right was personal to Alft and her husband and couldn't be transferred to another.
If the land was transferred or if the Alfts died, then the right to use the lake would terminate.
When Alft tried to sell her land, Clayton stated that he wouldn't allow a new purchaser to use his driveway.
Alft brought suit in a Tennessee trial court and sought a declaratory judgment that her right to use Clayton's driveway and cross the dam was an easement appurtenant that she could convey to a subsequent purchaser.
Clayton claimed that the ingress and egress rights were personal to Alft, so they couldn't be conveyed.
The trial court ruled for Alft. Clayton appealed to the Tennessee Court of Appeals.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Alft v. Clayton
Tennessee Court of Appeals
1995 WL 412876 (1995)
Deeds can be used to convey more than just land. By granting an easement, a grantor may use his deed to transfer the right to use property he is not selling outright.
In Alft versus Clayton, we'll explore how courts determine who can benefit from an easement.
Charles Clayton conveyed land to Gracie Alft using a warranty deed. The deed included paragraphs with language that the deed also conveyed an easement for the right of egress and ingress over a dam and the Charles Clayton driveway so that Alft could access the road. The deed also provided that Alft and her husband had the right to access and use a nearby lake as long as they owned the property.
The deed stated that this right was personal to Alft and her husband and couldn't be transferred to another.
If the land was transferred or if the Alfts died, then the right to use the lake would terminate.
When Alft tried to sell her land, Clayton stated that he wouldn't allow a new purchaser to use his driveway.
Alft brought suit in a Tennessee trial court and sought a declaratory judgment that her right to use Clayton's driveway and cross the dam was an easement appurtenant that she could convey to a subsequent purchaser.
Clayton claimed that the ingress and egress rights were personal to Alft, so they couldn't be conveyed.
The trial court ruled for Alft. Clayton appealed to the Tennessee Court of Appeals.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/alft-v-clayton
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/alft-v-clayton
Did we just become best friends? Stay connected to Quimbee here:
Subscribe to our YouTube Channel ► youtube.com/subscription_center?add_user=QuimbeeDotCom
Quimbee Case Brief App ► quimbee.com/case-briefs-overview
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