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[DOWNLOAD] "Lockwood L. Clark and Claire B. Clark V." by Supreme Court of Vermont * Book PDF Kindle ePub Free

Lockwood L. Clark and Claire B. Clark V.

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eBook details

  • Title: Lockwood L. Clark and Claire B. Clark V.
  • Author : Supreme Court of Vermont
  • Release Date : January 03, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

This is a dispute concerning a right-of-way overland to a lighthouse. The position of the defendant would cut off all access except by water or over winter ice. The trial court, after hearing, made findings and, by order, established a right-of-way in the plaintiffs by prescription, based on more than fifteen years of adverse use. A permanent injunction barring interference by the defendant corporation was issued, and appealed here. The property involved is a point of land known as Windmill Point, bounded by the east, south, and west by waters of Lake Champlain. The north side is entirely bounded by land of the defendant, and the only land access to the lighthouse premises is over those lands now owned by the defendant. The entire property including Windmill Point was once owned as a unit by one Danford Mott in 1857. On May 20, 1857, he sold the extreme southerly portion, including the point, to the United States, retaining the balance. A lighthouse was built, and the lighthouse keepers and others who lived on the point traveled the westerly shore across the Motts' land for access to Alburg. Apparently the records disclosed no grant to the United States of any right-of-way for access to the lighthouse property, even though such access was actually had over the grantors' land. This traveled way connected to the end of a town road that came to the west shore of the peninsula.


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