The plaintiffs had commenced an action for “trespass, injunctive relief and judgment declaring that plaintiffs have a reciprocal easement on the driveway shared by the parties’ adjoining properties.” The complaint alleged that “each property owns one-half of the driveway, which allows ingress and egress to the rear of each property” and that the defendant “blocks their use of the driveway by, among other things, parking vehicles on the driveway.” The defendant asserted a counterclaim for “trespass and judgment declaring that he owns the entire driveway by adverse possession.” The plaintiffs had moved for summary judgment dismissing the defendant’s counterclaim for adverse possession.

The plaintiffs submitted an affidavit by a predecessor owner (predecessor). The predecessor owned the plaintiffs’ property from June 29, 2009 until the property was sold to the plaintiffs. Prior to the predecessor’s ownership, “her cousin,…, had owned the property since 1960.” The plaintiffs alleged that “a written easement allows reciprocal use of the driveway between [their] property and the neighboring property” and they provided “a copy of that easement.”

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