This section contains the nature of the case and procedural background.

Property was purchased along with an option on an adjacent parcel. When a deal fell through to construct a multiple lot subdivision on the optioned parcel, the property was sold to Huggins, but the seller decided to retain a right of way and an easement across the property so that there would be access to the optioned land. The deed besides containing the easement also contained a contract that no present or future owners of the property would oppose a subdivision development of the optioned adjacent parcel. O'Donovan, a developer, purchased the adjacent parcel and applied for a subdivision. A dispute immediately developed over the transferability of the easement. O'Donovan (P) then sued both the owner of the easement and Huggins (D) for a declaratory judgment regarding the right to sell the easement. The court ruled for D.

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