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The court held that the trial court erred by granting summary disposition to defendant on the plaintiffs' claims of adverse possession, prescriptive easement, and easement by necessity.

Plaintiffs filed suit to quiet title to a circular driveway that runs through property owned by one of the defendants and provides access to property currently owned by the trust. On appeal, the court agreed with plaintiffs that by virtue of tacking and inurement of use, they showed they could establish the continuity of use and possession required for their claims. It noted they "sufficiently alleged continuity of use and possession with respect to the driveway for a 15-year period." Further, "accepting the allegations in the complaint as true and construing them in plaintiffs' favor, the allegations suggest 'a common understanding as to user over many years by all persons connected with the parcels.'" The fact that there are "various entities and persons involved in the use of the property is not fatal to plaintiffs' claims. Instead, any use by the company as a non-owner may inure to the owner," and when ownership is tacked, "the complaint sets forth a viable claim for either adverse possession or prescriptive easement." The court also found that plaintiffs could establish an easement by necessity. It noted that the trial court "did not differentiate plaintiffs' claim of easement by necessity from plaintiffs' other claims. Rather, as with plaintiffs' other claims, summary disposition was granted because lot 22 was used by the company and owned by the trust." This "was an improper basis for summary disposition on the facts of this case." Moreover, "this reasoning is particularly flawed with respect to a claim of easement by necessity, which does not have the same 15-year continuity requirements as plaintiffs' other claims." Reversed and remanded. 

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