Sabados v. Kiraly

The plaintiffs in this equity proceeding seek to compel defendant to remove a barricade from a roadway running over defendant’s land. Plaintiffs claim a prescriptive right to use the roadway to get from their land to the public highway. Defendant contends that plaintiffs’ rights have been terminated by abandonment.

The lower court found for plaintiffs, concluding that: (1) the evidence showed mere nonuse and not abandonment; (2) a granted easement may only be lost by intentional abandonment, or adverse use for the prescriptive period by the servient tenement; and (3) prescriptive easements…