Greenberg v. Hadwen

The plaintiff appeals the denial of his request for an injunction to prevent the defendants from interfering with a prescriptive easement that the plaintiff claims exists over a strip of the defendants’ land. We affirm.

The undisputed facts are as follows. The plaintiff’s land is contiguous to and west of the defendants’ land. An area of open land at the boundary between the parties’ lands is “land in common” and is used for the passage of people and vehicles, parking, loading and unloading of vehicles, and accumulation of rubbish. Between the land in common and a public street to the south…