Question: Sims owned property surrounded by the Morans' property. His deed was recorded in 1985, but the property had been in his family for over 50

Sims owned property surrounded by the Morans' property. His deed was recorded in 1985, but the property had been in his family for over 50 years. He built a home in 1991. The property was accessed by a driveway across the property bought by the Morans in 1996. Sims asked the court to grant him an easement. The trial court held that Sims had a prescriptive easement that allowed use of the driveway on the Morans' property. They appealed.

1. The appeals court held that Sims did have an easement by prescription across the Moran's property. Sims asked them to give it to him, but they would not. Why not?
2. The Morans did not own the property for the ten years during which Sims used the driveway. Why did Sims not have to wait ten years?

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1 Presumably they wanted him to pay for the right to have a drive... View full answer

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