Rust v. Engledow

McDONALD, Chief Justice.

This case was filed by Rust against Engledow, seeking a mandatory injunction requiring defendant to remove a fence erected on the line between plaintiff’s and defendant’s property, and in the center of an existing driveway. Plaintiff contends that the driveway between plaintiff’s and defendant’s houses, and partly on plaintiff’s property and partly on defendant’s property, is a joint driveway, and that plaintiff has acquired a private easement by prescription, over that portion of the driveway on defendant’s property, by virtue of adverse use by plaintiff’s…