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Property Keyed to Sprankling
Berge v. State of Vermont
Citation:
915 A.2d 189 (Vt. 2006)Facts
In 1959, Florence Davis subdivided her estate, conveying 7,001 acres to the State of Vermont and reserving 38 acres on the western shore of Norton Pond. The 1959 deed reserved no express easement for access to these 38 acres across the land conveyed to the State. In 1997, Plaintiff purchased a portion of these remaining 38 acres. Plaintiff regularly accessed the property by car over a road across the State’s land to his property. The State placed a gate across the access road, blocking Plaintiff’s access. Plaintiff filed a complaint, seeking to enjoin the State’s obstruction. Plaintiff asserted that the 1959 deed had created an easement by necessity for the benefit of his property. The State moved for summary judgment, maintaining that Plaintiff’s ability to access his property by water across Norton Pond defeated a finding of necessity.
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