Community Feed Store, Inc. v. Northeastern Culvert Corp.

How courts have described this case

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

• describing the elements as “open, notorious, hostile and continuous use over a fifteen-year period in which the fee owner has acquiesced”
• “Our law is clear that ‘[o]nce a grant is established by adverse use, the subsequent granting of permission will not serve to divest or defeat the claim.’ ”
• “[W]hen a prescriptive easement is claimed, the extent of the user must be proved not with absolute precision, but only as to the general outlines consistent with the pattern of use throughout the prescriptive period.”
• “If any practically useful easement is ever to arise by prescription, the use permitted under it must vary in some degree from the use by which it was created.” (quoting Restatement (First) of Prop: Extent of Easements Created by Prescription § 477 (1944)

Source: CourtListener parenthetical corpus (CC0).