Aaron v. Dunham

Opinion

MARGULIES, J.—

I. INTRODUCTION

In 2000, plaintiffs Richard and Lilia Aaron (Aarons) purchased real property adjoining the property owned by defendants Dallas and Patricia Dunham (Dunhams). Although the Aarons’ new property was served by a steep driveway, use of that driveway had long since been discontinued by previous owners because more convenient access to the property existed via a private road across the Dunham property. This road had been built by an oil company to provide access to gas wells on neighboring property. For nearly 20 years, occupants of the Aaron property had made…