Saturday, January 4, 2014

Crane v. Crane case brief

Crane v. Crane case brief summary
683 P.2d 1062 (1984)

CASE SYNOPSIS
Plaintiff members of an unincorporated grazing association brought suit in a Utah district court to establish the existence of an easement by prescription to drive their cattle across defendant landowners' land in the spring and fall. The district court decreed the easement. The landowners appealed.

DISCUSSION

  • The court found that the district court was correct in holding that the members of an unincorporated grazing association had an easement by prescription to drive their cattle across the landowners' land. 
  • The members could have properly relied on the use of other association members for purposes of perfecting their own easement by prescription. 
  • An absence of proof that the cattle of every single plaintiff were driven across the landowners' road in every single year would not defeat the claim of easement by prescription because there was proof that the association, comprised of all of the plaintiffs and their predecessors, had employed riders who had driven cattle owned by association members across defendants' road each year for more than 20 years.

CONCLUSION
The court affirmed the decree as modified to include two terms essential to limiting the easement in gross to the nature and extent of the use by which it was acquired.

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