Spooner v. Bates

GUNN, Judge.

Defendants appeal from the judgment of the trial court establishing a roadway easement in favor of plaintiffs over lands owned by defendants. On appeal, defendants contend that plaintiffs failed in proving prescriptive use of the roadway for more than ten years and that the trial court erred in admitting certain deposition testimony. We affirm the trial court’s judgment.

Plaintiffs’ witnesses testified that there had been an open, adverse, visible, continuous and uninterrupted use, under claim of right, of a roadway through defendants’ property1 for a period substantially in excess…