Fischer v. Grinsbergs

252 N.E.2d 619 (1977)

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Nature of the Case

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Facts

Fischer (P) filed suit alleging she had a prescriptive easement over part of a driveway located on property belonging to Grinsbergs (D). Prior to 1945, a cinder driveway ran along both sides of the property line between the lots in question. In 1945, the driveway was made into a concrete one, and the then owners of the lots had both worked on building and paying for the new driveway. The driveway was then used from 1945 to 1972 without incident, and it is undisputed that the owners of the dominant lot used the driveway, helped repair it and helped keep it free from snow in the winter months. In 1972, D wrote P and indicated that P could no longer use the driveway. In 1975, D tore up the part of the driveway on their lot and replaced it with new concrete. D then built a barrier fence preventing P from using the driveway as a means to access her garage. Evidence indicated that P's house was located so near the old driveway that there was no way in which P could build another. There was no testimony regarding written or verbal permission to use the driveway. Judgment was entered for D and P appealed.