Doukas v. Sea Otter, LLC

This matter came before the court for a bench trial on plaintiffs’ claim that they are entitled to a prescriptive easement over defendant’s property. The parties stipulated to the extinguishment of one easement over a passageway (Count 1) and the granting of an easement for plaintiffs’ stairs onto defendant’s property (Count 3). This leaves for the court’s resolution the claim of an easement from a passageway from the back of plaintiffs’ buildings across defendant’s property to Vernon Court and State Street.

For all of the above reason, the court concludes that the plaintiffs have not shown by a preponderance of the evidence that they used defendant’s property maintaining a claim of right adverse to the owner of defendant’s property and actual adversity and notice to the defendant during the relevant period.”

Doukas v. Sea Otter, LLC