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Strahin v. Lantz

Supreme Court of Appeals of West Virginia

456 S.E.2d 12 (1995)

Relevant factsFree

A prescriptive easement across Miner Road, crossing Vonda Lantz's (defendant's) property, arose decades earlier when local mine workers used it to reach the county road. After the mine closed, Lantz installed a gate, though neighboring landowners still occasionally passed through it. James Strahin (plaintiff) bought adjacent property planning to build a home, and Lantz locked the gate to block his access; Strahin sued to establish his right to use the road, and the lower court found the prescriptive easement had been abandoned.

IssueFree

Whether a prescriptive easement is abandoned if there is both nonuse of the easement and an intent to abandon the easement.

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