FOX, Justice.
[¶ 1] The Jackson Hole Hereford Ranch was divided by a complicated series of conveyances between entities controlled by a brother and sister, two grandchildren of the original owner, who were unable to agree on the validity of language purporting to reserve or convey an easement from the sister's property across the brother's property. Brother (and the related entities he controls) sought quiet title and injunctive relief, asserting that the requirements for finding an express or implied easement had not been met; sister (and her husband and the related entities they control) filed a counterclaim asserting the existence of a valid easement. The district court found that the parties failed to sufficiently describe the easement as required by Wyo. Stat. Ann. § 34-1-141, and that the express easement was therefore void. Additionally, the district court found that because the parties specifically contemplated an easement, but failed to effectuate their intent, an implied easement was inappropriate. We reverse.
[¶ 2] We restate the issues as follows:
[¶ 3] Robert Bruce Porter owned the Jackson Hole Hereford Ranch (the Ranch) in Teton County, Wyoming. The Ranch was conveyed to the Robert Bruce Porter Trust (the Trust) in accordance with his Last Will and Testament. Robert Gill and Elizabeth Lockhart are the grandchildren of Robert Bruce Porter.
The conveyances of Parcels 20, 24, and 27 from the Trust to the LLCs contained the following language:
[¶ 4] In 1998, the Trust conveyed Parcel 19 to Elizabeth Lockhart (1998 conveyance). The deed included easement language mirroring that of the 1992 conveyances:
The Lockharts constructed a residence on Parcel 19 in 2001.
[¶ 5] While the Ranch was owned by Robert Bruce Porter, a number of roads crossed the Ranch to access various portions of the property.
[¶ 6] In accordance with the Last Will and Testament of Robert Bruce Porter, Elizabeth Lockhart and Robert Gill were each to receive an equal portion of the Ranch property upon the dissolution of the Trust. To achieve this result, Lockhart and Gill participated in an arbitration proceeding. At the conclusion of the arbitration, Lockhart received the northern part of the lower ranch while Gill received the southern part. Parcel 19 is located in the northern part of the lower ranch granted to Lockhart; however, the road leading to Parcel 19 from Shootin' Iron County Road 22-20 traverses the southern part of the lower ranch conveyed to Gill.
[¶ 7] Following the arbitration, the parties' relationship deteriorated. Soon, the Gills began objecting to the Lockharts' use of the road to Parcel 19. The local sheriff was called on at least one occasion, and the Gills instituted the current action to quiet title in their property, alleging that there exists no valid easement from Parcel 19 to Shootin' Iron County Road 22-20.
[¶ 8] The Gills filed their Complaint to Quiet Title and for Injunctive Relief on September 29, 2011. The Lockharts answered and filed a counterclaim alleging that a valid easement does exist, and making a number of claims for relief relating to the easement. Following discovery, the Gills filed a motion for summary judgment. The Lockharts responded and contended they were entitled to either an express or an implied easement. The district court held a hearing on April 11, 2013, and issued an order on July 3, 2013. A final judgment was entered on July 24, 2013.
[¶ 9] The district court initially determined that the doctrine of implied easements did not apply. The district court based its decision on this Court's language in Hansuld v. Lariat Diesel Corp., 2003 WY 165, 81 P.3d 215 (Wyo.2003) ("Hansuld I"), where we stated:
Id. at ¶ 16, 81 P.3d at 218-19 (internal quotes and citations omitted). The district court interpreted this passage to mean that if the parties attempt to convey an express easement and fail, implying an easement would be inappropriate. The district court stated:
[¶ 10] The district court then went on to find that the Lockharts had not established the existence of an express easement either. The district court determined that the purported easement contained in the conveyances failed to comply with Wyo. Stat. Ann. § 34-1-141 (LexisNexis 2013) as the description was not sufficiently specific to locate the easement.
The Lockharts timely filed their Notice of Appeal.
[¶ 11] We now reverse the district court's determination that the express easement fails, and remand to the district court to enter an order consistent with this opinion. Because we find that there is an express easement, it is not necessary to address whether an implied easement exists.
[¶ 12] When summary judgment is based on interpretation of a contract:
Claman v. Popp, 2012 WY 92, ¶ 23, 279 P.3d 1003, 1012 (Wyo.2012) (quoting Union Pacific Railroad Co. v. Caballo Coal Co., 2011 WY 24, ¶ 13, 246 P.3d 867, 871 (Wyo.2011)).
Jubie v. Dahlke (In re Estate of Dahlke), 2014 WY 29, ¶ 26, 319 P.3d 116, 123-24 (Wyo. 2014) (internal citations omitted) (quoting DiFelici v. City of Lander, 2013 WY 141, ¶ 7, 312 P.3d 816, 819 (Wyo.2013)).
[¶ 13] "An easement is defined as `an interest in land which entitles the easement holder to a limited use or enjoyment over another person's property.'" Hasvold v. Park Cnty. Sch. Dist. No. 6, 2002 WY 65, ¶ 13, 45 P.3d 635, 638 (Wyo.2002) (quoting Mueller v. Hoblyn, 887 P.2d 500, 504 (Wyo. 1994)).
Jon W. Bruce & James W. Ely, Jr., The Law of Easements and Licenses in Land § 1:1, at 1-6 (2014).
[¶ 14] The Gills argue that the deeds are insufficiently specific to convey an easement for the road from Parcel 19 to Shootin' Iron County Road 22-20 in the 1992 and the 1998 conveyances. They claim that, pursuant to Wyo. Stat. Ann. § 34-1-141(c), the parties had one year in which to file an acceptable description, which they failed to do. The Lockharts, however, argue that the description is sufficiently specific to locate the road and thus, the one-year filing period does not apply. We agree with the Lockharts that the easement descriptions were sufficiently specific.
Ecosystem Res., L.C. v. Broadbent Land & Res., L.L.C., 2007 WY 87, ¶¶ 9, 10, 158 P.3d 685, 688 (Wyo.2007) (some citations omitted). Moreover, "If the language of the easement is not ambiguous and if the intent of the parties can be gathered from its language, that should be done as a matter of law." Thornock v. Esterholdt, 2013 WY 42, ¶ 6, 299 P.3d 68, 69 (Wyo.2013) (quoting Edgcomb v. Lower Valley Power & Light, 922 P.2d 850, 854 (Wyo.1996)).
[¶ 15] In making our determination, we examine the various conveyances to determine whether they created an easement benefitting Parcel 19. We will first analyze the 1992 conveyances from the Trust to the LLCs, and then the 1998 conveyance from the Trust to Elizabeth Lockhart.
[¶ 16] The easement language in the deeds to the LLCs reads as follows:
At the outset, we must decide whether the Trust reserved an easement benefitting Parcel 19, which the Trust retained, when it conveyed these parcels to the LLCs.
[¶ 17] There are no particular words required to expressly reserve an easement in the grantor. Wallis v. Luman, 625 P.2d 759, 767 (Wyo.1981). Instead, the touchstone to determine the existence of an easement is whether the language demonstrates the grantor's intent to reserve an easement. See Ecosystem Res., 2007 WY 87, ¶ 10, 158 P.3d at 688 (stating that deed interpretation focuses on deriving the intention of the parties); Edgcomb, 922 P.2d at 854; 25 Am.Jur.2d Easements and Licenses § 15 (2004).
[¶ 18] As we have recognized, relevant considerations when attempting to find the parties' intent "may include the relationship of the parties, the subject matter of the contract, and the parties' purpose in making the contract." Ecosystem Res., 2007 WY 87, ¶ 10, 158 P.3d at 688. All of these considerations point toward a finding that an easement was intended when the Trust conveyed the property in 1992.
[¶ 19] The relationship of the parties indicates that all had the same knowledge and operated on a level playing field. Though there are several entities involved, the Trust and all the LLCs are controlled by family members, including Gill and Lockhart. As family members, the parties had similar familiarity with the property, similar awareness of the existence of the road, and similar knowledge of the purpose of the conveyances.
[¶ 20] The purpose in making the conveyances also demonstrates the parties' intent to reserve an easement to access Parcel 19. Their shared intent was to divide the property for development, which required access to each parcel. The conveyances were accomplished to avoid an anticipated zoning change which would have limited the parties' ability to develop the Ranch in the future. In 1992, the only access to Parcel 19 lay in the road from Parcel 19 to the Shootin' Iron County Road 22-20.
[¶ 21] The nature of the property and use of the road prior to the conveyance also support the contention that the parties intended an easement. The property was in unified ownership prior to the conveyance, and the road at issue was in constant use by the parties both before and after the conveyance. See Heigert v. Londell Manor, Inc., 834 S.W.2d 858, 868 (Mo.Ct.App.1992) (finding that the term "subject to" was sufficient to create an easement considering that there was unity of ownership prior to the conveyance and the roadway in question was in constant use).
[¶ 22] Finally, the language of the easement itself indicates an intent to convey an easement. Each of the deeds includes easement language beginning, "Together with and subject to...." This Court has not yet had the opportunity to establish whether the language "subject to" when used in a deed, without more, is sufficient to reserve an easement in the grantor. This issue, however, has been addressed by numerous other
[¶ 23] We find that use of the words "subject to" demonstrate the grantor's intent to reserve an easement. We are assisted in our interpretation by our review of the circumstances surrounding the 1992 conveyances. The words "subject to" would be rendered meaningless if we were to determine that they were insufficient to reserve an easement. At the time of the conveyances, there existed no easements on the Ranch as the entirety of the property was owned by one entity, the Trust. See Bruce & Ely, Jr., supra ¶ 13, at § 3:11, at 3-35 ("An easement is by definition a nonpossessory interest in land of another. Thus, it is axiomatic that a landowner cannot obtain an easement in the landowner's own property."). Therefore, the words "subject to" could not indicate that the land was conveyed subject to an already existing easement, as no easement existed prior to the 1992 conveyances. As one court noted, "[W]e are drawn to the lack of any explanation for the `subject to' language, other than an intended conveyance. To hold otherwise would render [the] `subject to' language useless or surplusage, which courts are loathe to do." Camino Sin Pasada Neighborhood Ass'n v. Rockstroh, 119 N.M. 212, 889 P.2d 247, 250 (N.M.Ct.App.1994).
[¶ 24] We find that, based on the language of the deeds and the surrounding circumstances, the deeds of the 1992 conveyances reserved easements over Parcels 20, 24, and 27 benefitting Parcel 19.
[¶ 25] We now turn to the question whether the easement was described with sufficient specificity.
[¶ 26] Wyo. Stat. Ann. § 34-1-141 provides, in pertinent part:
[¶ 27] First, the Gills contend that the language "to generally follow the existing roads to Shootin' Iron County Road 22-20" fails to provide a description specific enough to locate the easement. As a result, in accordance with Wyo. Stat. Ann. § 34-1-141(c), in order for the easement to become effective, the parties were required to record a more specific description within one year, which they failed to do. They next argue that the language "in a location to be determined" clearly demonstrates that the easement had not yet been located at the time of the conveyance.
[¶ 28] The description required to locate an easement need not be a survey; instead, a description is sufficient if the easement is locatable. Wyo. Stat. Ann. § 34-1-141(d). We have stated that "the type of description necessary to satisfy the statute will depend on the nature of the encumbrance." Horse Creek Conservation Dist. v. State ex rel. Wyo. Attorney General, 2009 WY 143, ¶ 38, 221 P.3d 306, 318 (Wyo.2009).
[¶ 29] In Horse Creek Conservation District, we determined whether a recreational use easement described as being "adjacent [to] public lands designated for recreational use" was sufficient to comply with Wyo. Stat. Ann. § 34-1-141. 2009 WY 143, ¶ 5, 221
Horse Creek Conservation Dist., 2009 WY 143, ¶ 38, 221 P.3d at 318.
[¶ 30] The Gills argue that the foregoing passage demonstrates that the "to generally follow" language is not sufficiently definite to locate the easement. But, "to generally follow" refers to a specific route which had been in use on the Ranch for many years. See, e.g., R.C.R., Inc. v. Rainbow Canyon, Inc., 978 P.2d 581, 588 (Wyo.1999) (testimony that "there was only one road" strong evidence that the parties intended the easement to be located on the only access road in existence at the time the easement was granted). In Markstein, this Court considered language describing fishing right easements that were "to be used within a particular region of the servient estate and includes a specific legal description.... In addition, two separate sketch maps are also incorporated and attached to the agreement to further denote the applicable area of land involved." 2003 WY 122, ¶ 45, 77 P.3d at 402. This Court found that it was sufficiently specific to comply with the statute. Id. The easement language before us, considered in light of the existence of a clearly identified road and the relationship and knowledge of the parties involved, is narrowly tailored enough to meet the standard of Wyo. Stat. Ann. § 34-1-141, and the guidelines set forth by this Court in Horse Creek and Markstein.
[¶ 31] Here, the easement describes the way as a route "to generally follow the existing roads to Shootin' Iron County Road 22-20." There is no dispute that such a road exists. In fact, neither party has ever had any question as to where the road to which the easement refers is located. The road had been used as a means of ingress and egress prior to the 1992 conveyances, and thereafter for a number of years. Given the description, the fact that the road described exists, and that neither the Gills nor the Lockharts have any doubt as to its location, we conclude that the easement description is sufficient to locate it. "[T]he dominant tenement need not be described within the instrument, so long as it exists and can be identified." Lozier v. Blattland Invs., LLC, 2004 WY 132, ¶ 15, 100 P.3d 380, 385 (Wyo.2004) (citing Pokorny v. Salas, 2003 WY 159, ¶ 23, 81 P.3d 171, 177 (Wyo.2003)).
[¶ 32] The Gills further argue that the language "at a location to be determined" demonstrates that the parties intended to locate the easement at a later date, requiring them to record a specific description within one year, which was never done. This interpretation, however, fails to consider the circumstances surrounding the conveyances in 1992, which demonstrate the parties' intent to convey an easement over the road that existed at the time. In keeping with the intent of the parties, gleaned from the deed language itself and the surrounding circumstances, we find that the language "at a location to be determined" refers to the 60-foot width as measured from the centerline of the road already in place. The Gills admit that at some places along the road it would be necessary to skirt a tree or a bush. This would not destroy the easement's compliance with the statute, which requires only that the easement be capable of being located.
[¶ 33] The 1992 conveyances demonstrate the parties' intent to reserve an easement to Parcel 19 through Parcels 20, 24, and 27 when they were conveyed to the LLCs, along the existing road
[¶ 34] Although not raised by the parties, we next determine whether the easement reserved was appurtenant, and thus, was transferred to subsequent owners of Parcel 19; or in gross, in which case it terminated when Parcel 19 was conveyed from the Trust to Elizabeth Lockhart.
Hasvold, 2002 WY 65, ¶ 14, 45 P.3d at 638 (quoting R.C.R., Inc., 978 P.2d at 586).
[¶ 35] In Pokorny v. Salas, 2003 WY 159, 81 P.3d 171 (Wyo.2003), we addressed the question whether an easement reserved by the original landowner over property that the landowner conveyed was appurtenant or in gross. Id. at ¶ 21, 81 P.3d at 177. In finding that the easement was appurtenant, we determined that the easement language was "clear and unambiguous." Id. at ¶ 23, 81 P.3d at 178. However, we did not "arrive at that conclusion in a vacuum." Id. In looking to the surrounding circumstances at the time the easement was reserved, we found that without an easement there would be no access to parcels of property, which were sold off by the original owners. Id. at ¶ 24, 81 P.3d at 178. As a result, we found that "the four corners of the document in the context in which it was drafted compels the conclusion that the grantor of the easement intended it to be appurtenant." Id. The same conclusion is compelled here. The Trust's intent to subdivide the property would have been impeded without a valid easement to access Parcel 19.
[¶ 36] The Trust divided the Ranch in order to preserve the possibility of developing those parcels in the future. However, until an additional easement was secured by the Lockharts in 2004, there was no access to Parcel 19 without the easement through Parcels 20, 24, and 27. The Oliver easement was strictly limited to accessing those residences that existed at the time that easement was conveyed in 1986. Without an easement appurtenant to the land, Parcel 19 would have no value for development as a subsequent purchaser would be unable to access his or her residence. See Bruce & Ely, Jr., supra 13, at § 2:3, at 2-7 — 2-8 ("The fact that an easement adds to the enjoyment of another parcel or is of no value unless used in connection with particular land tends to demonstrate appurtenance."). Therefore, we conclude the parties intended for the 1992 reserved easement to be appurtenant rather than in gross. As a result, the subsequent owners of the property, including the Lockharts, possess a non-exclusive right
[¶ 37] The existing road leading from Parcel 19 to Shootin' Iron County Road 22-20 also crosses Parcel 25, which the Trust retained in 1992. We now determine whether the Trust conveyed the remainder of the easement, through Parcel 25, when it conveyed Parcel 19 to Elizabeth Lockhart in 1998.
[¶ 38] The Trust retained Parcels 19 and 25 until 1998, when it conveyed Parcel 19 to Elizabeth Lockhart. Prior to 1998, there was no easement through Parcel 25 benefitting Parcel 19 because there was unity of ownership in these two parcels. See Bruce & Ely, Jr., supra ¶ 13, at § 3:11, at 3-35 ("An easement is by definition a nonpossessory interest in land of another. Thus, it is axiomatic that a landowner cannot obtain an easement in the landowner's own property.").
The 1998 easement language mirrored that of the 1992 conveyances:
Although the easement language is nearly identical, with respect to the 1998 conveyance we determine whether the Trust conveyed an easement, in contrast to the 1992 conveyances, in which the Trust reserved an easement. Our analysis therefore focuses on the words "together with" rather than "subject to."
Kerry v. Quicehuatl, 213 Or.App. 589, 162 P.3d 1033, 1036 (2007) (quoting Webster's Third New International Dictionary 2404 (unabridged ed.2002) (italics in original)). In utilizing the terms "together with," the grantor Trust conveyed to Elizabeth Lockhart Parcel 19 as well as a "non-exclusive 60.0 foot road and utility easement" as described. The deed language expressly conveys an easement to Elizabeth Lockhart traversing Parcel 25. (We have already analyzed identical language and its compliance with the specificity requirements of Wyo. Stat. Ann. § 34-1-141 in our discussion of the 1992 conveyances and the same analysis applies here. Our analysis of appurtenance in our discussion of the 1992 conveyances also applies to the 1998 conveyance.)
[¶ 39] The owners of Parcel 19 enjoy ingress and egress access along the easement leading from Parcel 19 to the Shootin' Iron County Road 22-20.
[¶ 40] We reverse the district court's grant of summary judgment in favor of the Gills and remand with instructions that the district court enter summary judgment in favor of the Lockharts.
2003 WY 159, ¶ 25, 81 P.3d at 178 (citing Hasvold, 2002 WY 65, ¶ 21, 45 P.3d at 640).