CARLSON v. CLARK

No. 07-313.

970 A.2d 1269 (2009)

2009 VT 17

David W. CARLSON and Linda Carlson, et al. v. Lockwood L. CLARK and Claire B. Clark.

Supreme Court of Vermont.

February 13, 2009.


Attorney(s) appearing for the Case

John C. Gravel and Thomas C. Nuovo of Bauer, Gravel, Farnham, Nuovo, Parker & Lang, Burlington, for Plaintiffs-Appellants.

John C. Collins and Michael J. Harris of Collins, McMahon & Harris, PLLC, Burlington, for Defendants-Appellees.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


¶ 1. JOHNSON, J.

Plaintiffs challenge the trial court's denial of their request to unilaterally relocate a shoreline right-of-way held by defendants Lockwood and Claire Clark. According to plaintiffs, the Clarks hold an easement by necessity, rather than a prescriptive easement, and plaintiffs are entitled to move the Clarks' easement to a location plaintiffs deem more convenient. The Clarks respond that their right to use the shoreline road was conclusively...

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