Steere v. Tiffany
Supreme Court of Rhode Island
Trespass on the Case. Heard by the court, jury trial being waived. This action was trespass on the case for obstructing a right of way over the small triangle of land marked i, k, 1, on the accompanying plat. The plaintiff and the defendant both derived title from the same proprietor, and their lots extended by the descriptions of their deeds to the middle line of the way b, a, c, d, the way being laid out and platted for the common use of all the lot owners on the plat.
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Trespass on the Case. Heard by the court, jury trial being waived. This action was trespass on the case for obstructing a right of way over the small triangle of land marked i, k, 1, on the accompanying plat. The plaintiff and the defendant both derived title from the same proprietor, and their lots extended by the descriptions of their deeds to the middle line of the way b, a, c, d, the way being laid out and platted for the common use of all the lot owners on the plat. After all the platted lots had been sold, the city of Providence laid out the area enclosed by the lines f, e, h, g, as a…
1Opinion of the CourtDurfee, C. J.
The only defence set up by the defendant is, that the way which he is sued for obstructing had been lost before obstruction by renunciation or abandonment. It is well settled that an easement may be so lost, though where the only proof of it is cesser of use, the cesser of use must have continued for at least twenty years. Where, however, there is other proof showing clearly an intent to renounce or abandon, the easement may be lost in a much briefer time. Thus where A. had an easement of light in the land of B., enjoyed by means of a window opening in an ancient wall of his house, which he…
2Cases cited1 opinion
- Canny v. AndrewsMassachusetts Supreme Judicial Court · 1877
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