Smith v. Breen

—Doris Smith and Eugene Breen own adjoining land. A dirt road leading to the back of their properties runs astride their boundary line. The road has existed since at least the 1930's and had been used jointly and amicably by the parties and their predecessors until about 1966.

In that year, both parties asserted ownership to the entire road. Breen began intermittently to park his truck on the road, blocking Smith's passage. He always moved it upon her request. Testimony indicated that he was trying to keep out strangers who would come in and drive around on his property, or that he had to park…