Shea v. Bowser
The court declared that the express right-of-way granted to the Sheas in the 1971 deeds is located along the present roadway depicted in the 2003 aerial photograph running from Ostrea Lake Road to the Old Main Road (subject to minor diversion to avoid encroachment), fixed its width at 8 feet, held that the Sheas are responsible for any surveying and registration costs to delineate the right-of-way, and ordered respondent Mrs. Bowser to pay 50% of the applicants' expert fees ($3,458.62) while otherwise each party bears their own costs.
Source excerpt
- Right-of-way
- Express grant
- Location determination
- Survey evidence
- Costs allocation
- Registration