Brooks v. Tanner

How courts have described this case

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

• noting “each part of the contract is to be accorded significance according to its place in the contract”
• refusing to adopt a proposed construction that would render meaningless an important contractual phrase
• proof of prescriptive easement requires a showing by clear and convincing evidence of each element necessary to establish such easement, including that use was open and notorious for ten years or more
• there is a strong constructional preference for appurtenant easements over easements in gross
• burden on servient estate cannot be increased without consent of servient owner
• burden on servient estate cannot be increased without consent of servient owner

Source: CourtListener parenthetical corpus (CC0).