Judd v. Bowen

Opinion

ROTH, Judge:

¶1 David Bowen appeals from a judgment granting a prescriptive easement to Robert L. Judd III and Charles L. Allen to use and park on his driveway. We affirm in part and reverse in part and remand the case for further proceedings.

BACKGROUND

¶2 This appeal centers on a century-old circular driveway (the Driveway) between two cabins in Big Cottonwood Canyon. The cabin on the southeast of the Driveway belongs to the Bowens,2 and the Driveway is located almost entirely on their property. The cabin to the northeast of the Driveway belongs to the Judds, who claim a legal right…