Vermont Statutes Annotated
Vt. Stat. Ann. tit. 19, § 1102 (2026)
Acquiring highways by adverse possession
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(Cite as: 19 V.S.A. § 1102)
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§ 1102. Acquiring highways by adverse possession
A right or interest within the limits of a highway shall not be acquired by anyone by possession or occupation. (Added 1985, No. 269 (Adj. Sess.), § 1.)
Notes of Decisions
Cited in 4
cases, 1987–2020 · leading case: Benson v. Hodgdon, 2010 VT 11, 992 A.2d 1053.
Benson v. Hodgdon, 2010 VT 11, 992 A.2d 1053. “§ 462 and did not address the more specific dictates of 19 V.S.A. § 1102. ¶ 17. To the extent that defendants suggest we extend the common law to recognize abandonment of a municipal right-of-way, we decline the invitation.”
Holly Bartlett v. John Roberts, 2020 VT 24, 231 A.3d 171. “) (rejecting argument that public highway may be discontinued through adverse possession); 19 V.S.A. § 1102 (“A right or interest within the limits of a highway shall not be acquired by anyone by possession or occupation.”
Town of Rutland v. City of Rutland, 743 A.2d 585 (Vt. 1999). “We note only that such a holding would not be inconsistent with the language of 19 V.S.A. § 1102, prohibiting anyone from obtaining a right or interest in a public highway.”
Pidgeon v. Vermont State Transp. Bd., 522 A.2d 244 (Vt. 1987). “10 The statute presently appears as 19 V.S.A. § 1102 with a minor change in its form.”
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