Ind. Appeals Court Uses 19th-Century Law In Land Dispute

Law360, New York (December 7, 2011, 8:11 PM EST) -- An Indiana appeals court on Tuesday upheld a 19th-century land rights precedent in a property dispute between two Indianapolis landowners, ruling that the right to pass through private land can be established by regular prior use of a road through the property.

In reversing a lower court's summary judgment in favor of Belmont Industrial Inc., the Indiana Court of Appeals rejected Belmont's claim that when it bought the land in 2004, it did not have notice that Indiana Regional Recycling Inc., which owned an adjacent piece...
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