Clark v. AQUA TERRA CORPORATION

This is a dispute concerning a right-of-way overland to a lighthouse. The position of the defendant would cut off all access except by water or over winter ice. The trial court, after hearing, made findings and, by order, established a right-of-way in the plaintiffs by prescription, based on more than fifteen years of adverse use. A permanent injunction barring interference by the defendant corporation was issued, and appealed here.

The property involved is a point of land known as Windmill Point, bounded by the east, south, and west by waters of Lake Champlain. The north side is entirely…