Stratis v. Doyle

In 1979, William Doyle (defendant) gave his neighbor Donald Abbatiello a deeded right-of-way across his land to build a driveway, which Abbatiello never actually constructed. Doyle later sold parts of the burdened property to others, and Abbatiello's property, including the right-of-way, passed to the plaintiffs; Doyle then interfered with the plaintiffs' use of the right-of-way, and they sued to enjoin him. Doyle argued the right-of-way was merely a personal license held only by Abbatiello, or alternatively that it had been forfeited because the driveway was never built; the trial court granted the plaintiffs summary judgment, and Doyle appealed.