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2 posts • Page 1 of 1
- Posts: 269
- Joined: Tue Aug 25, 2009 9:55 pm
For the first question, it depends on how long C has been watching and ignoring D's usage for. D can try and claim a prescriptive easement depending on how many years he's been using the driveway and what the statutory period for the state is. Just like adverse possession. I also believe that being an easement appurtenant does make a difference because it means that the burden transfers with the land to a new owner.