Walker v. Phillips

The Montana Supreme Court affirmed the district court's ruling on summary judgment that plaintiffs have both an express private road easement and a prescriptive easement to travel across defendant's land. The court held that the district court did not err in finding an express easement as depicted on the Correction Certificate, giving plaintiffs an easement to travel on the shared driveway. The court also held that plaintiffs acquired a prescriptive easement to cross defendant's property where plaintiffs showed open, notorious, continuous, uninterrupted, exclusive, and adverse use of an easement for five years. View "Walker v. Phillips" on Justia Law