Davis v. Bru

411 A.2d 660 (1980)

Facts

The parties own adjacent parcels of real estate. Davis (P) was the owner of the dominant estate, and Bruk (D) was the owner of the servient estate. P sued D to prevent D from obstructing in various ways P's right of way across D's land to the Town Road and the seashore. D counterclaimed for damages against P for unlawfully widening the right of way to the Town Road beyond its legal width. D's counterclaim was denied, but the trial court allowed a relocation of the right of way on a second pass of the issue. P appealed.