In a significant ruling, the Delaware Supreme Court in Reybold Venture Group IX, LLC v. Summit Plaza Shopping Center, LLC confirmed that a property owner can create an enforceable private easement through a recorded subdivision plan, even when the easement appears only as a note on that plan. In this case, the plan included the statement, “a cross easement is hereby established,” which the Court found was clear and unambiguous. That straightforward language, together with the property owner’s signature and certification of the plan, was sufficient to establish a valid, binding easement.
03.28.2026 DE Supreme Court Decision – 124, 2025 Reybold v. Summit Plaza Shopping
Importantly, the Court rejected the argument that only New Castle County could enforce such plan notes under the County’s Unified Development Code (UDC). While the UDC may limit who can enforce regulatory plan notes, it does not prevent private parties from enforcing property rights clearly created and reflected in plans. The ruling reinforces a key point: recorded plans are not merely technical or administrative documents. When they include clear, intentional language, they can create binding property rights that run with the land, bind future owners, and are enforceable by the parties thereto.
Larry J. Tarabicos served as an expert witness at the Court of Chancery level, where Magistrate Molina concluded that the easement was enforceable, relying in part on Larry’s testimony. The Vice Chancellor, however, disagreed with the Magistrate’s report, which set the stage for appellate review. The Delaware Supreme Court ultimately reversed the Court of Chancery in accordance with the Magistrate’s reasoning, confirming that the easement was valid and enforceable.
For any questions about this decision or related topics, please reach out to Pete Yingst in our Land Use practice at pete@tarabicosgrosso.com.