Babcock Enterprises, Inc. v. Wilderness Club

COFFROTH, P.J.,

This action to quiet title brought by plaintiff landowner claiming a prescriptive right of way easement over the adjoining land of defendants, is now under advisement for decision following nonjury trial.

There are two issues involved: (1) whether plaintiffs evidence sufficiently establishes the requisite 21 years’ adverse use of a road across defendants’ land by plaintiff, its predecessors in title and others, and (2) if so, whether defendants have established that the road “passes through uninclosed [sic] woodland” with the legal result that “no right of way shall be . . .…