Faught v. Edgewood Corners, Inc.

Opinion

LAVERY, C. J.

The defendant, Edgewood Comers, Inc., appeals from the judgment, rendered after a trial to the court, declaring that a prescriptive easement exists in favor of the plaintiff, Kathleen T. Faught,1 and permanently enjoining the defendant from obstructing the plaintiffs use of that easement. The defendant claims that (1) the evidence is insufficient2 to establish that the use was adverse, open and notorious,3 or that the use was made under a claim of right, and (2) a lis pendens and tax liens filed in connection with prior foreclosures on the defendant’s property extinguished…