Berkeley Development Corp. v. Hutzler

How courts have described this case

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

• holding that the evidence in the case “more directly supports the 11 implied easement than the prescriptive right”
• holding that the evidence in the case “more directly supports the implied easement than the prescriptive right”
• “The burden of proving an easement rests on the party claiming such right and must be established by clear and convincing proof.”
• “The burden of proving an easement rests upon the party claiming such right and must be established by clear and convincing proof.” (emphasis added)
• \The burden of proving an easement rests upon the party claiming such right and must be established by clear and convincing proof. \ (emphasis added)
• “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.”

Source: CourtListener parenthetical corpus (CC0).