Judd v. Bowen

Chief Justice Durrant, opinion of the Court:

Introduction

¶1 After decades of amicable use of a circular driveway touching adjacent cabins, two families now dispute whether an easement by prescription exists. The Judd family maintains that it has a prescriptive easement to the entire driveway for access and parking purposes. The Bowen family argues that any use of the driveway by the Judds came *1034 through the Bowens' permission and so no prescriptive right exists. After a four-day bench trial, the trial court granted the Judds a prescriptive easement for both access and parking purposes. On…