Berge v. State of Vermont
Supreme Court of Vermont
915 A.2d 189 (2006)
Relevant factsFree
After Florence Davis subdivided her land, conveying a large parcel to Vermont (defendant) without reserving any easements, David Berge (plaintiff) bought a remaining portion whose only land access ran along a gravel road crossing state property; the state later gated the road, cutting off Berge's land access. Berge sued claiming an easement by necessity, but the superior court granted Vermont summary judgment because Berge could reach his property by boat across an adjacent pond, and Berge appealed.
IssueFree
Whether the availability of seasonal water access to a landlocked parcel is, by itself, sufficient to defeat a claim for an easement by necessity over the only practical land route.