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Block v. Sexton

Minnesota Court of Appeals

577 N.W.2d 521 (1998)

Relevant factsFree

For over forty years, Sexton (defendant) used a field road crossing land owned by the Billigs to access her unimproved parcel each year from May to October, continuing even after gates and a lock were installed. When Sexton sold her land, the buyers, the Blocks (plaintiffs), claimed a prescriptive easement across the Billigs' property based on Sexton's decades of use; the district court agreed, finding the seasonal use open, visible, continuous, and uncontested, and granted a seasonal easement limited to a 20-foot width. The Billigs appealed.

IssueFree

Whether sporadic use of land may give rise to a prescriptive easement so long as the use is hostile, open, continuous, and exclusive for the statutory period.

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