Keng v. Franklin

Hines, Justice.

Keng and Lau filed a complaint in ejectment to prohibit Franklin and his invitees from using a mutual driveway lying over and along the boundary between their adjoining properties. The trial court ruled that Franklin had acquired by prescription a private way over the driveway. Keng and Lau appeal from the order, and we affirm the trial court.

In 1946, the parties’ predecessors in title recorded an easement providing for a mutual 12-foot-wide driveway that would burden the adjoining properties equally. However, the driveway was not constructed in accordance with the easement and…