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Real Property: Implied Easement – Pre-Existing Use – Evidence

Stephanie Maniscalco//March 19, 2009//

Real Property: Implied Easement – Pre-Existing Use – Evidence

Stephanie Maniscalco//March 19, 2009//

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Where landowners sought an implied easement by necessity across respondent’s property, the landowners failed to present sufficient evidence concerning the condition of the property at the time of conveyance, so they failed to prove an easement implied from pre-existing use, and they were also not entitled to an easement by necessity because they had a substitute means of entry.

Judgment is reversed.

Baetje v. Eisenbeis (MLW No. 58833/Case No. ED90649 – 11 pages) (Missouri Court of Appeals, Eastern District, Baker, C.J.) Appealed from circuit court, St. Genevieve County, Weber, J. (James Marks II, Perryville, for appellants) (Robert Huelskamp, St. Genevieve, for respondent) (Timothy Inman for plaintiff).

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