Originally Posted by
DiabloScott
True - easements go away because they are not enforced - eventually somebody blocks them or moves the boundaries and it becomes unenforceable and therefore no longer valid. Happens a lot with driveways and fences. Hundreds of people every week using this path will be a hard thing to deny.
Yep, hence my point, since recordation, it is undisputed there has been continuous use, so there seems to be no argument the easement was extinguished, which makes the case seem like a slam dunk. Of course, the defendants may have an argument to the contrary, I just don't know what it could be.