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Home / Opinion Digests / Some claims survive demurrer in easement case (access required)

Some claims survive demurrer in easement case (access required)

Plaintiffs’ claim of a prescriptive easement to use defendants’ road survives demurrer because the complaint alleges exclusive and continuous use, from which plaintiffs’ use under claim of right is presumed. Because plaintiffs have stated a claim, they can seek permanent injunctive relief. However, defendants’ demurrer to a claim of an implied easement by necessity is sustained. ...