(Download) "Cope v. Cope" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Cope v. Cope
- Author : Supreme Court of Montana
- Release Date : January 30, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is an appeal by defendants-appellants from a judgment entered in the District Court of Meagher County. The case was tried by the court without a jury and judgment was entered whereby the court found the plaintiff-respondent had acquired an easement by prescription over certain land owned by defendants, and that the easement enured to the benefit of plaintiffs - Page 390 successors and all other persons by invitation or contract with plaintiff. Defendants appeal challenges the district courts judgment twofold in that: (1) The facts disclosed by the record clearly bear out plaintiffs use of the road in question was a permissive use at best, and the court therefore erred in determining plaintiff acquired an easement by prescription; (2) The record further shows that the plaintiff intends to subdivide into parcels his dominant tenement, which would substantially increase the burden upon the servient tenement, and the right of unlimited assignment by the plaintiff can only serve to increase the burden upon defendants property.