Brown & Brown of Mont., Inc. v. Raty
Annotate this CaseIn Brown I, the Supreme Court held that the district court properly found that Defendants had a prescriptive easement to cross Plaintiff's land that included residential and recreational uses but improperly limited the width of the easement to twenty feet for the purposes of trailing cattle. The Supreme Court remanded the case to the district court to clarify the scope of recreational and residential uses authorized by the easement and to modify its order regarding the easement's width. After the case was remanded, Plaintiff appealed. The Supreme Court once more remanded the matter to the district court to modify its order to better define the character and frequency of the recreational and residential use, holding that the district court erred by failing to delineate the scope of Defendants' residential and recreational prescriptive easements across Plaintiff's real property.
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