Pagnano v. Ryan, 90-7506 (1995)

DECISION

This matter was heard and argued and the facts are as follows.

Statement of Facts

Plaintiffs, Rocco and Lavenia Pagnano, own land located on Kelley Street in Warren, Rhode Island which abuts land owned by defendant, the Warren German-American Club. Neither deed to the parties' properties indicates a right of way or easement.

From 1908 to March 1989, a right of way over defendant's property had been assumed by plaintiffs and their predecessors. A fence with a gate has always separated the two properties. Such right of way was obstructed by the defendant in March 1989 after the plaintiffs…