Lickle v. Frank W. Diver, Inc.

Herrmann, Justice:

This appeal involves the right to the use of a purported street which the plaintiffs claim by virtue of an easement by implication, or an easement by prescription, or a public dedication.

The plaintiffs own the property in Wilmington designated as Lots A and B on the below sketch.

In 1964, the defendant Frank W. Diver, Inc. (hereinafter “Diver”) purchased Lot D and the adjacent area designated on the sketch as Thirteenth Street. 1 The southerly boundary of the acquisitions was the “southwesterly side of 13th Street.” Diver erected a fence across 13th Street, from Lot D and…