Community Feed Store, Inc. v. Northeastern Culvert Corp.

559 A.2d 1068 (1989)

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Community Feed Store, Inc. v. Northeastern Culvert Corp.

Supreme Court of Vermont
559 A.2d 1068 (1989)

SC
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Facts

This case involves a dispute over a gravel lot that is between two businesses, Community Feed Store (Feed Store) (plaintiff) and Northeastern Culvert (Northeastern) (defendant). The lot is partly owned by each business. Feed Store uses the lot as a turnaround area for vehicles coming to Feed Store’s building to pick up or drop off feed. Feed Store and its predecessors used the land for this purpose from 1929 until Northeastern found out that it owned part of the lot and built a barrier in 1984. The statutory period for establishing a prescriptive easement in Vermont is 15 years. Feed Store brought an action seeking a declaratory judgment that it had a prescriptive easement over the portion of the gravel owned by Northeastern. Northeastern issued a counterclaim for ejectment of Feed Store. The trial court found in favor of Northeastern. Feed Store appealed.

Rule of Law

Issue

Holding and Reasoning (Gibson, J.)

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