In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that:
A) an easement cannot be created by fraud
B) Sims had no right to demand an easement
C) public policy required Sims to be given an easement so he could get to his house
D) Sims's use of the driveway since 1985 had been open, notorious and visible
E) none of the other choices

Question

Quizplus · Accepted Answer

The court held that Sims's use of the driveway since 1985 had been open, notorious, and visible, which are elements necessary to establish a prescriptive easement.

In Moran V