Chicoine v. Davis

The Supreme Court affirmed the determination of the circuit court finding that Plaintiffs ido not have an easement, either by grant or prescription, across Mineral Survey 1758 (M.S. 1758) into the adjoining Mineral Survey 1794. On appeal, Plaintiffs asserted that a public right-of-way existed across M.S. 1758 by grant but did not appeal the denial of a prescriptive easement. In affirming, the Supreme Court held that Plaintiffs failed to establish a right in the disputed road that traverses M.S. 1758 by grant in deeds or by statute, and therefore, the circuit court did not err in determining that the disputed road is private. View "Chicoine v. Davis" on Justia Law