Property Keyed to French
Davis v. Bruk
Bruk (Defendant) is subject to a right of way easement which is possessed by the Davises (Plaintiffs). The easement allows the plaintiffs to cross the defendant’s property in order to access the seashore and the road. The location of the easement has remained the same for nearly a century however, the land on the easement is beginning to deteriorate because of the flow of water across it. The Plaintiffs filed an injunction to have the road paved. The Defendant sought an injunction to have the easement moved since it was neighboring too close to his house. The Defendant even offered to cover the costs. The trial court ruled in favor of the Defendant and Plaintiffs appeal.
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