Roche v. Cerrato

This is an action for a declaratory judgment to adjudge that plaintiffs have a prescriptive easement over a cemented strip between their and the defendants’ respective dwellings. The plaintiffs’ claim is based on the premise that an easement exists for the use of such driveway because of an implied grant by a former owner and further on the ground of necessity.

Between the two properties is a driveway 7 feet 6% inches wide and running back from the front of the properties 78 feet to the rear. This driveway occupies 5 feet 4% inches of the defendants’ and 2 feet 2 inches of the plaintiffs’…