Shanks v. Floom

124 N.E.2d 416 (1955)

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Nature of the Case

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Facts

In 1925, Schiltz and Floom, pursuant to an oral agreement, constructed a cement driveway, seven feet wide and 110 feet long, between and on their two properties, each owner bearing one-half the cost. Both used the common driveway until the year 1948 when Schiltz sold his property to P. D inherited their property from William Floom, who died in that year. P sued D for an injunction prohibiting use. The court held for D in that the 'possession and use' of each owner was under a 'claim of right' and therefore adverse and this adverse possession continued for more than 21 years and therefore ripened into a prescriptive right. P Appealed.