Realty Law Digest
Scott Mollen discusses 'Rogers v. Melchiorre,' where an owner was denied summary judgment on adverse possession and easement by prescription claims; and 'Royal Housing v. City of Jamestown,' where a city's emergency condemnation was found to be arbitrary and violative of the property owner's due process rights.
October 19, 2021 at 01:45 PM
17 minute read
Adverse Possession and Easement by Prescription, Easement by Estoppel, Easement in Gross and Easement by Appurtenant Claims Dismissed
This case involved a boundary dispute between owners of two parcels of land. The plaintiffs and the defendant own abutting property. The defendant's property is located directly behind the plaintiffs' property. There are two-family homes on both properties. The defendant lives on his property. The plaintiffs' rent out their property.
The defendant bought his property in approximately 2015-2016. A survey showed that he owns "a sliver of land approximately 15 feet wide and 140 feet long, giving him access to" a road from his house. The defendant's sliver of land is part of an area that is approximately 30 feet by 140 feet to the west of the plaintiffs' and defendant's properties, upon which there is a paved driveway. The driveway provides access to three duplexes. The plaintiffs' and the defendant are on the east side of the driveway and another duplex is on the western side of the driveway. The plaintiffs have an "express easement in their deed to use the driveway to access a paved parking (area) located in the rear of plaintiffs' property, but in front of defendant's property."
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