Traders, Inc. v. Bartholomew

How courts have described this case

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

• holding that easement by necessity created upon grant and that following use was not adverse and therefore could not ripen into a prescriptive easement
• holding that the “scope of an existing way of necessity” may be “enlarged,” including the easement’s width
• recognizing that easement by implication is “wholly distinct” from easement by necessity and “the two are distinguishable by the circumstances which give rise to them, the policy bases which support them and the legal consequences which flow from them” (citing cases)
• noting that easement by necessity arise when a landlock parcel is created
• directing trial court to “strive for a balancing of interests in fashioning” the easement by necessity
• remanding case to trial court to determine increase in width of existing easement by necessity

Source: CourtListener parenthetical corpus (CC0).