Slak v. Porter

This action arises out of a dispute concerning the continuing existence of an easement over defendants’ land. Plaintiffs brought suit to quiet title to the easement, for a declaratory judgment, and to permanently enjoin defendants from interfering with their use of the easement. Defendants counterclaimed to quiet title and to remove cloud from their title, on the theory that the easement had been extinguished by adverse possession. The trial court declared that plaintiffs retained the easement as described in their deed, enjoined defendants from interfering with the easement, and instructed…