Pagano v. Kramer

Action to enjoin defendants’ interference with plaintiffs’ use of a 20-foot “ lane ” lying south of, and adjacent to, plaintiffs’ premises, and to compel defendants to remove from the “ lane ” a portion of a building constructed by defendants.

Plaintiffs claim an easement of record as well as prescription by user.

The “ lane ” known as “Smith’s Lane,” was part of a 10-acre parcel which was owned by one Kimball in 1845. By deed dated November 10, 1845, Kimball conveyed the 10-acre parcel to one Mackrell by deed containing the following: ‘ ‘ Excepting and reserving to the party of the first part…