Josh v. Nobile

Plaintiffs and defendants are the owners of adjoining parcels of land in the city of Rochester. Their predecessors in title received conveyances from a common grantor, and in said conveyances the westerly three and one-half feet of plaintiffs’ property and the easterly three and one-half feet of defendants ’ property were set aside as an easement for a seven-foot wide driveway, each owner having a dominant tenement as to the three and one-half feet of his neighbor’s property.

The plaintiffs commenced this action to cancel and declare invalid the defendants’ easement on plaintiffs’ land on the…