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Berge v. State of Vermont

Vermont Supreme Court
915 A.2d 189 (2006)



Florence Davis subdivided a plot of land, conveying a large parcel to the State of Vermont (defendant). David Berge (plaintiff) purchased a portion of the remaining parcel. These conveyances did not reserve any easements. The only way to access Berge’s property via land was on a gravel road that crossed over state land. The state erected a gate on the road, preventing Berge from accessing his property by land. Berge brought suit in Washington Superior Court, claiming that he had an easement by necessity over the state property. The superior court granted Vermont summary judgment, finding that Berge could access his property by boat via a pond on the other side of the property. Berge appealed.

Rule of Law


Holding and Reasoning (Dooley, J.)

Dissent (Reiber, C.J.)

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