Easements – Extent of

The nature and extent or scope of an easement must be clearly established. Leu v. Littel, 2 Neb. App. 323, 513 N.W.2d 24 (1993); Werner v. Schardt, 222 Neb. 186, 382 N.W.2d 357 (1986).

“The extent and nature of an easement is determined from the use made of the property during the prescriptive period. The width of a public highway acquired by prescription or dedication must be determined as a question of fact by the character and extent of the use or the amount dedicated to public use. * * * If the public has acquired the right to a highway by prescription, it is not limited in width to the actual beaten path but the right extends to such width as is reasonably necessary for public travel.” Leu v. Littel, 2 Neb. App. 323, 513 N.W.2d 24 (1993); Smith v. Bixby, 196 Neb. 235, 239-40, 242 N.W.2d 115, 118-19 (1976). See also State ex rel. Game, Forestation & Parks Comm’n v. Hull, 168 Neb. 805, 97 N.W.2d 535 (1959).

The extent of an easement created by a conveyance is fixed by the conveyance. Schram Enterprises, Inc. v. L & H Properties, 254 Neb. 717, 578 N.W.2d 865 (1998).

Up ↑

%d bloggers like this: