Henderson v. La Capra

MAUGHMER, Commissioner.

Plaintiffs (appellants) seek to establish an easement over that portion of a concrete driveway which is located on the property of defendant (respondent). Plaintiffs base their alleged entitlement first, on an easement by implication, and, second, by prescription. After hearing the testimony and weighing the evidence, -the trial court denied an injunction and dismissed plaintiffs’ petition. In the decree it was specifically found: (1) That the driveway was not a “way of necessity” as concerns the real property owned by plaintiffs; (2) that the use of the driveway has…