Clark v. Neergaard

This appeal arises out of the plaintiffs’ petition for declaratory judgment, injunctive relief, and damages, in which they alleged that they had a right-of-way across property now owned by the defendants. After two days of trial, the Superior Court (Wyman, J.) ruled in the plaintiffs’ favor, and the defendants appealed. We affirm.

The defendants own a parcel of land located in the town of Freedom. Their lot borders Ossipee Lake and is situated at the beginning of a peninsula that extends into the lake. The plaintiffs own a tract of land in the vicinity of the defendants’ property.

Both the…