Ucietowski v. Novak

The first issue to be considered is whether the defendant’s right of way over plaintiffs’ land has been widened by adverse use to include so much of the plaintiffs’ property as lies within the graveled portion of the driveway. This graveled driveway is approximately 12% feet wide and approximately 10 feet of the width is on plaintiffs’ side of the boundary line.

Defendant was granted by deed a right of way “over and upon a strip of land four feet (4') wide northerly of and adjacent to the premises above described,” the latter being plaintiffs’ property. The Trial Court found that “the driveway…