Hindall v. Martinez

Thomas F. Bryant, Judge.

This is an appeal by the defendant-appellant, Dorothy Rose Martinez, from a judgment of the Court of Common Pleas of Hancock County declaring the existence of a prescriptive easement over appellant’s property.

Appellant and plaintiff-appellee, Janice Hindall, are the owners of adjoining lots. The property in dispute is a two-foot strip of Hindall’s driveway which encroaches onto the western portion of the Martinez lot. The original gravel driveway was laid by the contractor who built the Hindall home about 1960. The original owner of that home built a garage behind the…