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Easement Qs
Posted: Wed Apr 28, 2010 1:06 pm
by 98234872348
Thanks for responses, my prof cleared up my questions though

Re: Easement Qs
Posted: Wed Apr 28, 2010 3:22 pm
by samiseaborn
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.