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March 10, 2004

Koresko v. Farley, PICS Case No. 04-0341 (Pa. Commw. March 10, 2004) Simpson, J. (21 pages).

Addressing an issue of first impression, the Commonwealth Court held that a prescriptive easement does not arise from encroaching tree roots and overhanging branches, because the “open and notorious” requirement is not satisfied. Affirmed.

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