Allingham v. Nelson

Brazil, J.:

Defendants appeal from a judgment which held that plaintiffs had a right-of-way across defendants’ land. The court further held that plaintiffs’ use of the easement for ingress and egress to plaintiffs’ residence was consistent with the prior use of the roadway reserved by grant or established by prescription.

The facts are not in dispute and both parties adopted the trial court’s findings of fact for their briefs. The critical facts can be summarized as follows:

There are three tracts of land involved in this case: (1) the Nelson land; (2) the Wells land—to the east of the Nelson…