Frech v. Piontkowski

Opinion

McLACHLAN J.

This appeal concerns whether an abutting landowner may acquire a prescriptive easement for recreational use over a nonnavigable, artificial body of water. The defendants, Carl F. Piontkowski, Florence Baron and the estate of Constance Murray, appeal 1 from the judgment of the trial court, rendered following a trial to the court, finding that the plaintiffs, Teresa A. Freeh, Kenneth Andersen and Amy Andersen, had acquired a prescriptive easement for noncommer ciai recreational purposes, including boating, swimming, fishing and skating over the Obed Heights Reservoir…