Gill v. Gerrato

Defendants Stephen G. and Phyllis G. Gerrato, Andrew M. and Cynthia L. Birse, and John M. Cots appeal a decision of the Superior *37Court (Morrill, J.) ruling that the plaintiffs, Michael E. and David Gill, have an easement to use a lane that runs through the defendants’ properties to the Gills’ property. The Gills cross-appeal the superior court’s ruling that no public way existed over the lane. We reverse in part and remand.

The record supports the following facts. The lane at issue extends almost perpendicularly from Route 151, formerly known as Old Post Road or Post Road, in Greenland. The…