Arnold v. Williams

The defendant asserts that he has a right to use a section of road that runs across the plaintiffs property as either a public road established by prescription or a private right of way established by prescription. The master found that the defendant did not prove that he had such a right. Because it is not clear from the master’s report that he used the correct rules of law in deciding that issue, we remand the case for redetermination of the question.

In 1961 the defendant, Thurston V. Williams, purchased a parcel of land in Francestown. Since that time he has entered his property by a road…