Mays v. Hogue
In Mays v. Hogue, 163 W. Va. 746, 260 S.E.2d 291 (1979), the easement in question had been established by predecessors in title, and the subservient estate owners contended that the easement should be considered personal based upon the absence of reference to the rights of successors, heirs, or assigns.
They maintained that the easement was applicable only to the original property owners and not transferrable to subsequent owners. Id. at 748, 260 S.E.2d at 293.
The lower court held, and this Court agreed, that the conveyance was not merely personal in nature. Mays, 163 W. Va. at 748-49, 260 S.E.2d at 293.
Implementing the principles of Jones v. Island Creek Coal Co., 79 W. Va. 532, 91 S.E. 391 (1917) and Post v. Bailey, 110 W. Va. 504, 159 S.E. 524 (1931), the Court concluded that "in the absence of a showing that the conveyance was a merely personal right, then the right created should be considered an easement appurtenant." Id. at 750, 260 S.E.2d at 294.
The Court discerned no "showing that the parties intended that the right be a merely personal one" and concluded that the easement was appurtenant rather than in gross. Id.