Pope v. Remisa

VIOLETTE, Justice.

Defendants appeal from a Superior Court, York County, acceptance of a Referee’s Report finding public and private easements by prescription over defendants’ property and assessing costs. We sustain their appeal.

FACTS

Wharf Lane Extension is a way running north along defendants’ property in Ogun-quit and terminating in a Y-shaped fork at its northern outlet onto Beach Street, a public road. Plaintiffs’ properties abut the way’s western border. Since at least 1946, defendants had maintained a fence along the way’s eastern boundary. In 1981, defendants erected two new fences:…