Westland Nursing Home, Inc. v. Benson

How courts have described this case

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

• increased volume of traffic from increased use was not enough to forfeit a prescriptive easement where increased use was not unreasonable
• Allen presumption limited to cases in which owner constructs passageway as well as uses it
• where the evidence established use of easement for a time in excess of the statutory period, “there exists a presumption that such use was adverse.”
• “[M]ere nonuse of an easement acquired by grant, however long continued, does not constitute an abandonment”

Source: CourtListener parenthetical corpus (CC0).