Sander v. McKinley

This is an action by plaintiffs for a prescriptive easement across defendants’ land. Beginning around 1970, plaintiffs’ predecessors in interest, the Vosses, used a primitive road across what is now defendants’ land to access their land, what is now plaintiffs’ land. In 1993 or 1994, defendants’ predecessors in interest, the Olcotts, put up a fence across the road and put a gate at the end of the fence, rather than in the middle, where the road was, thus forcing any vehicles to take a somewhat different route. The Vosses continued to use the road, following the new route. The trial court…