Hayward v. Ellsworth

Defendant appeals from a judgment determining that certain plaintiffs have acquired prescriptive or implied easements to use a road crossing her property and permanently enjoining her from hindering their use of the road. Several plaintiffs cross-appeal, claiming that they too should have been granted easements to cross defendant’s property. On appeal and on cross-appeal, we affirm in part and reverse in part.

The facts are not in dispute. Plaintiffs are lot owners in a subdivision that was developed by Maurice (Pat) and Kay McLain on a 20-acre parcel of land. The subdivision plat recorded by…