Faulconer v. Williams

The issue in this real property dispute is whether an express easement over plaintiffs’ property was extinguished through adverse possession, although deeds to the property given after the claimed period of adverse possession continued to refer to the easement. The trial court held that the easement continues to exist. The Court of Appeals reversed, holding that the easement was extinguished by adverse possession during the period of ownership of one of plaintiffs’ predecessors in interest and that reference to the extinguished easement in later deeds did not operate to re-create the…