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Community Feed Store, Inc. v. Northeastern Culvert Corp.

Supreme Court of Vermont

559 A.2d 1068 (Vt. 1989)

Relevant factsFree

Community Feed Store (plaintiff) and its predecessors used a portion of a gravel lot partly owned by neighboring business Northeastern Culvert (defendant) as a vehicle turnaround area from 1929 until Northeastern built a barrier in 1984 upon discovering it owned part of the lot; Feed Store sued for a declaratory judgment establishing a prescriptive easement, well beyond Vermont's 15-year statutory period, and Northeastern counterclaimed for ejectment. The trial court ruled for Northeastern, and Feed Store appealed.

IssueFree

Whether the geographic extent of a use of land has to be exactly measurable to establish a prescriptive easement.

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