Dault v. Shaw

OPINION

MATTHEWS, Senior Justice.

I. INTRODUCTION

In the doctrine of adverse possession there is a presumption that the use of a private drive across the property of another is permissive and does not give rise to an easement. But the presumption does not apply where a drive was not originally established by the other property’s owner for his or her own use. The main question here is whether this presumption applies to the facts of this case. We hold that it does because the drive at issue was constructed by the original subdivision developers for their own use.

II. FACTS AND PROCEEDINGS

A. The…