McGrath v. Bradley

Plaintiffs brought this action for quiet title, claiming that they had established a prescriptive easement for a driveway across defendants’ property. Defendants responded that plaintiffs and their predecessors used the driveway in question by permission and, thus, that their use could not have ripened into a prescriptive easement. Defendants also asserted that, even if plaintiffs and their predecessors had established a prescriptive easement, it had been extinguished by defendants’ and their predecessors’ adverse use of the easement. The trial court ruled in favor of plaintiff McGrath,…