Apley v. Tagert

The issue in this case is whether an easement or right of way by prescription exists over a certain parcel of property.

On November 13, 1959, James and Aleye Kuffskie deeded a parcel of property (known then as 871 West Kuffskie Drive) to Claude and Patricia Tagert. This deed states in part:

"The conveyance of the above-described property is made subject to all telephone, power and gas line easements relating to the use and occupancy of said property and the right-of-way of West Kuffskie Drive." (Emphasis added.)

Sixteen years later, on October 20, 1975, the Kuffskies deeded lot 2 of the Kuffskie…