Rotman v. White

The issue in this case is whether the defendants, Robert E. and Shirley A. White, have acquired prescriptive rights to continue their use of a forty-five year old sewer line which runs from their house, under the front lawn of the property owned by the plaintiff, and connects to the city of Newton’s (city’s) sewer line. The Appellate Division affirmed a District Court judgment, entered after a bench trial, upon a finding that *587the defendants had failed to satisfy their burden of proving a prescriptive easement and were liable for trespass. We reverse.

Facts. The trial judge made the following…