2011 Ark. App. 781 - Berry v. Moon’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An Easement by Necessity is similar to the above in requiring Plaintiff to prove 1) that title to the two tracts in question were once held by one person; 2) that unity of title was severed by conveyance of one of the tracts; and 3) that the easement is necessary in order for the owner of the dominant tenement to use his land, with the necessity existing both at the time of severance of title and at the time of exercise of the easement. There was no question in this case that there was unity in title and that unity was severed upon conveyance by the original grantee. The main question of fact in this case was whether an easement is necessary for the Plaintiffs use of his property. Whether an easement is necessary is a question of fact. The Supreme Court has held that “necessary” means there could be no other reasonable mode of enjoying the dominant tenement without the easement. The Plaintiff contended that he had no other means to access his property without going an additional 5-6 miles and he would be unable to take most vehicles across. He also contended that he would have to cross creeks and would be unable in heavy rain to access his property at all. The Defendant contended that there was alternative suitable path for Plaintiff to access his property. At the end of trial, this Court through agreement of the parties went to observe both the easement and the alternative 17path. The Court was in a 4 wheel drive truck and able to completely access and follow the alternative”

   1 later decision quote this exact passage
   e.g. 2012 Ark. App. 469 - Horton v. Taylor