Altieri v. Dolan

OPINION

BEVILACQUA, Chief Justice.

This is an appeal by the plaintiffs from a judgment for the defendants in a civil action to enjoin the defendants from erecting a fence upon the boundary line of their property which boundary ran upon and along a portion of an alleged common driveway. Trial was held before a justice of the Superior Court sitting without a jury.

The trial justice found that plaintiffs failed to establish a prescriptive easement. The Superior Court justice reasoned that in order to create an appurtenant easement by prescription, the parcel must be held adversely. The justice…