Kinder v. Westcott
Annotate this CaseThis controversy arose from an easement over a right-of-way that ran along a driveway on Plaintiff’s lots allowing access to Poppasquash Road from Defendant’s property. When Defendant and her family began using the right-of-way across Plaintiff’s lots to access the road from their property, Plaintiff filed this action seeking a declaratory judgment to quiet title to the right-of-way and damages for trespass. Defendant moved for summary judgment, asserting that she had an express easement permitting her to travel on the right-of-way. The trial justice granted Defendant’s motion for summary judgment. The Supreme Court affirmed, holding that the superior court correctly found that Defendant had established the existence of an express easement appurtenant.
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