Butterfly Realty v. James Romanella & Sons, Inc.
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This case involved an ongoing dispute between two commercial landowners, Plaintiff and Defendant, over the existence of a prescriptive easement used by delivery trucks to access a loading dock owned by Plaintiff. After Defendant ordered the installation of barriers along the southwestern boundary of an express easement, it was nearly impossible for delivery vehicles to directly access the loading dock. Plaintiff filed a complaint, claiming a prescriptive easement over Defendant’s lot. In his second decision, the trial justice denied Plaintiff’s claim for a prescriptive easement. The Supreme Court affirmed, holding that Plaintiff failed to meet its burden of proof on the element of hostility, and therefore, Plaintiff could not succeed on its claim.
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