A. J. & J. O. Pilar, Inc. v. Lister Corp.

The opinion of the court was delivered by

William J. Brennan, Jr., J.

The Appellate Division opinion, 38 N. J. Super. 488 (1956), reverses the Chancery Division judgment establishing an easement of right of way over defendant’s lands in favor of plaintiff’s lands. The trial judge based the judgment upon findings that the easement arose by prescription from adverse user for more than 20 years and also that it had been acquired by implied grant from the former common owner of both tracts. We granted plaintiff’s petition for certification, 21 N. J. 128 (1956).

The defendant’s tract lies back of…