Kellogg v. Garcia

How courts have described this case

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

• stating that “a way of necessity, having been created by the necessity for its use, cannot be extinguished so long as the necessity exists” and that the statute of limitations for quiet title actions did not apply to an easement of necessity (citation and brackets omitted)
• “[a]n easement by way of necessity arises ... when it is established that ... there is a strict necessity for the right-of-way ... ”
• An easement by necessity will not be imposed contrary to the express intent of the parties because the necessity is based on an inferred intent.
• An easement by necessity will not be imposed contrary to the express intent of the parties because the necessity is based on an inferred intent.

Source: CourtListener parenthetical corpus (CC0).