Geneja v. Ritter

Defendants appeal as of right from a bench trial decision and order denying that they had a prescriptive easement in a driveway encroachment because the plaintiffs’ predecessors in interest gave defendants "express permission” to use the driveway property.

Both defendants’ and plaintiffs’ property was originally owned by Arthur and Mabel Schuh macher. On August 1, 1950, the Schuhmachers sold the southern portion of their property to defendants, who continue to own the same. On August 3, 1954, the Schuhmachers sold the remaining northern portion of their property to Harvey and Viola Krause. On…