Chester King Burnham v. Joseph A. Kwentus

MAXWELL, J.,

for the Court:

¶ 1. For more than fifty years, Chester Burnham had crossed his neighbor’s property along Ridge Road, a private road that ran from a public road to Burnham’s landlocked property. Burnham’s neighbor testified this access was granted out of neighborly courtesy. His family knew Burnham used the road and “in the kindness of their heart” allowed Burnham “to go through their property without question.” But when Burnham’s neighbor sold the family property in 2008, Burnham’s new neighbors, Joseph Kwentus and Karen Richardson (collectively, Kwentus), told Burnham to stop…