Salmon v. Mack

In 1947, the defendants’ predecessors-in-title were deeded a 10-foot-wide easement along the western boundary of the grantor’s adjoining property for access to a public highway. The plaintiffs purchased the adjoining property (the servient estate) in 1984 and commenced this action in 1993, inter alia, for a declaration that the defendants had abandoned the easement. We agree with the court’s determination that the plaintiffs failed to meet their burden of proving, by clear and convincing evidence, that the defendants intended to abandon the easement (see, Consolidated Rail Corp. v MASP Equip.…