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TUBBS v. E & E FLOOD FARMS, L.P.

C.A. No. 5030-WW.

13 A.3d 759 (2011)

Joyce A. TUBBS and Stacey Tubbs, Plaintiff, v. E & E FLOOD FARMS, L.P., Defendant.

Court of Chancery of Delaware.

Decided: January 31, 2011.

Revised: February 1, 2011.

Attorney(s) appearing for the Case

Michael R. Smith , Griffin & Hackett, P.A., Georgetown, Delaware; Attorney for Plaintiffs.

William B. Wilgus , Law Offices of William B. Wilgus, Millsboro, Delaware; Attorneys for Defendant.

OPINION

WITHAM, Vice Chancellor.

This case presents three issues: (A) whether Petitioners have implied easements to use a disputed dirt road; (B) whether Petitioners have met the requirements to establish prescriptive easements over the disputed dirt road; and (C) if Petitioners have obtained easements, whether such easements are appurtenant or in gross.

FACTUAL BACKGROUND

These are the facts as found after a two-day trial...

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