Oughton v. Continental Associates, Inc.

Satterthwaite, J.,

— The problem presented in this declaratory judgment proceeding may be shortly stated: Where a private stone and dirt country driveway or lane, about 1,500 feet in total length from a public road across the front or servient property to the rear or dominant property, has previously been ex parte resurfaced in “blacktop” material by the servient owner as to about 1,200 feet thereof from the public road to her buildings thereon, and such “blacktop” is now in need of repair, may the servient owner cause such 1,200 feet of the lane to be not only patched but also completely…