Bertrand v. Hill

Southerland, Chief Justice:

Plaintiffs below (the Hills) are the owners of a lot of land in Lewes, Sussex County. The Hills’ lot abuts on the rear of a lot owned by defendants (herein, for convenience, the Bertrands).

In September, 1958 the Bertrands, in order to reach a garage on the rear of their lot, began to drive across the Hills’ lot, claiming a right of way for the purpose.

The Hills denied the claimed right of way, and brought suit to enjoin the use of their lot by the Bertrands. Admittedly no grant of such a right of way exists. The Bertrands relied on a prescriptive use for twenty…