Easement Qs

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Easement Qs

Postby 98234872348 » Wed Apr 28, 2010 1:06 pm

Thanks for responses, my prof cleared up my questions though :mrgreen:
Last edited by 98234872348 on Wed Apr 28, 2010 4:05 pm, edited 1 time in total.

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Re: Easement Qs

Postby samiseaborn » Wed Apr 28, 2010 3:22 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.

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