Brown v. Redfern

DOWD, Judge.

Defendants appeal from the order of the trial court enjoining any interference with plaintiffs’ use of a roadway crossing defendants’ land. The trial court found that plaintiffs had established an easement across defendants’ land which was a right of way giving plaintiffs access to their property.

The claimed roadway begins at Route 19, travels south over defendants’ land, and terminates on plaintiffs’ property. At trial, many of the area’s residents testified that the roadway had followed the same course and had been used by pedestrians and vehicles for as long as they could…