Read v. Dokey

Defendants appeal from a judgment granting plaintiff an easement by prescription over a road crossing defendants’ real property. They contend that the evidence of the easement was not clear and convincing. We review de novo and reverse.

Plaintiff purchased and took possession of his property in 1967. Access to his property from a county road is by means of Easy Street, the claimed easement, which plaintiff uses daily to get to and from work. Easy Street extends in a southerly direction from Wakonda Beach County Road 801 and crosses several private parcels, including the property of defendants,…