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The Case of the Misplaced Comma (access required)

Prescriptive easement language clarified

Clarifying a misunderstanding that it helped create through prior decisions, the state Supreme Court held Nov. 2 that in considering whether the third element of a prescriptive easement has been met, “adverse use” and “claim of right” should be taken to mean the same thing. In deciding Simmons v. Berkeley Electric Cooperative, Inc., the court admitted ...

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