Jean v. Arsenault

The plaintiff’s claim of right is based upon an asserted adverse user of a way across the defendant’s lot to the plaintiff’s premises, which are situated at the rear and off the street. There is a house on the plaintiff’s land, and the testimony as to the use of the way thereto covered a period of about thirty years before there was any objection, by the defendant.

The defendant’s motion that a verdict be directed in his favor is based upon the claim that the evidence was insufficient to permit a finding (1) of a claim of right (2) of notice to the owner of the servient estate (3) of location…