Schultz v. Kant

Plaintiffs, John and Irene Schultz, filed a complaint asking the court to declare an easement by prescription over and across property owned by defendant, William Kant. Defendant denied plaintiffs had established a prescriptive easement. Subsequent to a bench trial of the matter, the trial court entered a lengthy judgment declaring the plaintiffs owners of a right-of-way easement by prescription appurtenant to plaintiffs’ land and over and across defendant’s property. Additionally, the court ordered the defendant to restore the easement to its prior condition, to remove any obstructions or…