Scappa v. Herzig

The plaintiff has a garage towards the rear of his property which can only be accessed by a vehicle by using a driveway which encroaches approximately three feet onto the defendants’ property. The plaintiff commenced this action, inter alia, for a judgment declaring that he has an easement over the defendants’ property for purposes of ingress and egress. The plaintiff alleges that in or around October 2005, the defendants removed an existing wooden fence on their property and replaced it with a vinyl fence which partially interfered with the plaintiffs use of the driveway by impairing his…