Lofland v. Truitt

MARVEL, Vice Chancellor:

Defendants have built a wire and post fence across what plaintiffs claim is their established means of access to their properties, 1 and, after trial, plaintiffs ask for a permanent injunction against such interference by defendants with their alleged rights of ingress and egress to their separate lots over the road in question. Plaintiffs’ application is based on two arguments. They contend first that an easement for such use has been established by prescription. Alternatively, they take the position that if an easement has not been shown to have been established,…