Saxon Garage Corp. v. Regency East Apartment Corp.

OPINION OF THE COURT

Louis B. York, J.

This is a motion for summary judgment dismissing the complaint. The question before the court is whether an owner-landlord of real property can establish an easement by prescription in parts of the leased premises. Neither party’s research has revealed a case which has discussed this issue. *167Because the court holds that principles involving a tenant’s right to an easement applies with equal force to an owner’s or landlord’s right, the court dismisses this action which the tenant has brought alleging trespass against the defendant owner-landlord.

Plaintiff…