Reed v. Piedimonte
New York Supreme Court, Appellate Division
526 N.Y.S.2d 273 (1988)
Relevant factsFree
Maynard Reed (plaintiff) owned a warehouse that he, his employees, and his tenants reached using a driveway on a neighboring property. That use was open and obvious from 1943 to 1970. In 1970, James Piedimonte (defendant) bought the neighboring property and eventually blocked the driveway, cutting off Reed's access. Reed sued for a prescriptive easement, and the trial court ruled in his favor; Piedimonte appealed.
IssueFree
Whether a court will impose an easement by prescription when the claimed use is open, notorious, continuous, and without permission for the statutorily required period of time.