Corbett v. Whitney

ROSE, Justice.

This tale of neighborly discord involves the issue of whether the defendant-appel*1292lant may fence off her half of a common driveway leading into a common double garage. We will affirm the order of the district court that the defendant remove her fence. We will hold that an implied easement exists entitling the plaintiff to use the original driveway.

THE FACTS

The controversy reaches fruition in this court under the following uncontested facts:

The driveway and garage straddle the boundary between the two lots. The plaintiff’s residence was built in 1922 without a driveway or garage,…