Kotuby v. Robbins, 91-1898 (1995)

DECISION

Plaintiffs request an injunction prohibiting Defendant from interfering with the Plaintiffs' use of a certain right of way. As a preliminary matter, the Court is asked to and must determine whether an easement by prescription or by implication exists in favor of the Plaintiffs.

FACTS/TRAVEL

On January 27, 1971, Yvonne C. Serpa conveyed to Robert Serpa ("Serpa") land then delineated as Lot 12 (twelve) situated on the northerly side of Kickemuit Avenue and bounding southerly on said avenue in the town of Bristol, Rhode Island. The following year, Serpa sought and on July 27, 1992 received…