Legal Opinion
Kempner v. Aetna Hose, Hook & Ladder Co.
Court of Chancery of Delaware
Decided October 30, 1978PublishedCited by 8 opinions
1Opinion of the Court
HARTNETT, Vice Chancellor.
The issue presented in this matter is whether title to real estate may be acquired as the result of the adverse possession of real property owned by a municipality and used for public purposes.
Plaintiffs (Kempners) seek to require defendant (Aetna) to remove a fence which it has erected which partially blocks the Kempners’ access to their lands. The Kempners’ claim is based on an alleged easement acquired by adverse possession. Aetna moved for summary judgment on the grounds that an easement acquired by prescription may not be asserted against a municipality.
The…
2Cases cited14 opinions
- Carolina-Virginia Coastal Highway v. Coastal Turnpike AuthoritySupreme Court of North Carolina · 1953
- Goldman v. QuadratoSupreme Court of Connecticut · 1955
- Board of Education v. MartinCalifornia Supreme Court · 1891
- Mayor and Council of Wilmington v. DukesSupreme Court of Delaware · 1960
- Town of Othello v. HarderWashington Supreme Court · 1955
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Trigg v. AllemandNew Mexico Court of Appeals · 1980
- State Ex Rel. Department of Natural Resources & Environmental Control v. PhillipsCourt of Chancery of Delaware · 1979
- State Ex Rel. Secretary of the Department of Transportation v. Regency Group, Inc.Superior Court of Delaware · 1991
- City of Dover v. CartanzaSuperior Court of Delaware · 1988
- Stone v. RhodesNew Mexico Court of Appeals · 1988
3 more not listed; retrieve them via the Exa API.