Aidinoff purchased land in 1979. It is adjacent to Sterling City Road but can only be reached by crossing land formerly owned by Rand. Other routes of access are impossible because of wetlands and a brook. A gravel driveway crosses the Rand land to Aidinoff's land. The person from whom Aidinoff purchased her land used the driveway for access to her land, and Aidinoff used the driveway from 1979 until 2003. She drove vehicles, walked, and brought animals across the driveway. She also used the power coming in over utility lines serving the property. After Aidinoff had begun using the driveway, she and Rand had had a conversation about the driveway, and Rand had told her that he owned it and he had no problem with her using it but it was not "an open way for everybody to go through." In 2003, Rand sold his property to the Lathrops. After buying the property, the Lathrops blocked the driveway and prevented Aidinoff from using it to access her property. Aidinoff claimed that she had the right to use the driveway because she had acquired an easement by prescription and an easement by necessity. Did she?

  • CreatedJuly 16, 2014
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