Foley v. Lyons

This is a bill in equity seeking to establish an easement over an 8-foot driveway and to enjoin the respondents permanently from interfering with complainants’ use thereof. After a hearing in the superior court on bill, answer and proof, the trial justice expressly found that complainants had used the driveway under a claim of right, notoriously, adversely and continuously for over twenty years and therefore had acquired an easement by prescription. Accordingly a decree was entered permanently enjoining the respondents from interfering in any manner with the use of said driveway by the…