Gray v. TrederAnnotate this Case
This case centered around plaintiffs’ landlocked ninety-acre parcel on Roxbury Mountain. Defendants appealed the trial court’s decision that the plaintiffs’ parcel included an appurtenant easement by necessity that crossed some of defendants’ properties. They further contended the trial court erred in holding that Vermont’s Marketable Record Title Act did not extinguish that easement. The Vermont Supreme Court did not decide whether an easement by necessity arose in the first place because the Court concluded that even if it had, the Act would have extinguished it. Accordingly, the Court reversed.