Attaway v. Davis

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding it is not appropriate to fix a limitations period on actions to establish easements by necessity, because the right to access arises from an owner’s “status as a landlocked owner and is of a continuing nature ”
• not reasonable to require landowner to access property by boat now that travel is almost always by motor vehicle
• landlocked owner entitled to permanent i’ight of way, not permissive, revocable one
• “A way of necessity having been created by implication for the benefit of the grantee of the dominant estate or his successors thereafter, it cannot be extinguished so long as the necessity continues to exist.”
• “A way of necessity having been created by implication for the benefit of the grantee of the dominant estate or his successors thereafter, it cannot be extinguished so long as the necessity continues to exist.”
• “A way of necessity having been created by implication for the benefit of the grantee of the dominant estate or his successors thereafter, it cannot be extinguished so long as the necessity continues to exist.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).