Barrett v. Kunz

This is a dispute between adjoining landowners over the nature and extent of a right-of-way that provides access over defendants’ property to plaintiffs’ property.

Plaintiffs acquired a vacation home on a 104-acre parcel of land in Topsham, Vermont, from Robert Armstrong and Hollis Ewing, by warranty deed dated May 24, 1988. Plaintiffs’ property is virtually inaccessible without the use of an old road that crosses defendants’ parcel. The existence of the road predated plaintiffs’ purchase. Predecessors in title had also used this road to reach the property, and, in fact, townspeople and others…