Lunt v. Kitchens

123 Utah 488, 260 P.2d 535 (1953)

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Nature of the Case

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Facts

The properties involved in this case were adjoining residential lots. Weidner, Lunt's (P) predecessor in interest owned P's lot at the time Kitchens (D) bought the adjoining property in 1920. The Weidners and D were on friendly terms. Weidner allowed D to use a driveway on her property for coal and wood deliveries to D's house, for parking the family's cars, and for foot traffic. The Weidners also used the driveway, but to a lesser extent than D. In 1934, Weidner conveyed her property to her children by warranty deed. Two years later, she attempted to convey the driveway to D by quitclaim deed. In 1946, a tenant of Weidner placed a gate across the driveway, but D took it down. When P acquired the Weidners' property, she sued to enjoin D from using the driveway. D claimed that they had acquired an easement over the driveway by prescription. The lower court found for P. D appeals, arguing that P has failed to show adverse use of the driveway for the statutory period.