Lague, Inc. v. Royea

Defendants constructed a truck stop on their parcel of land in the Town of Berlin. Plaintiff owned two deeded and recorded rights of way through the parcel. One right of way, sixty feet wide, passed through the center of defendants’ property from the street to the back boundary line. The second, thirty feet wide, passed through the front of the property. Both rights of way were depicted in maps on file in the land records. Defendants’ construction encroached upon plaintiff’s rights of way.

The trial court concluded that plaintiff had abandoned the rights of way and entered judgment in favor of…