Property Keyed to Saxer
Feloney v. Baye
Michael Feloney (Plaintiff) and Robert Baye (Defendant) owned homes separated by a sixteen-foot-wide alley. The narrow driveways for each home were situated directly across from one another on opposite sides of the alley. Due to the narrow driveway, Plaintiff often would use Defendant’s driveway to help him make the turn into his garage. Additionally, Plaintiff frequently shoveled snow from Defendant’s driveway so that he could continue to use it during the winter months. Subsequently, Defendant constructed a retaining wall over his driveway to combat a drainage problem. The wall prevented Plaintiff from continuing to use Defendant’s driveway. Plaintiff sued Defendant seeking an order imposing a prescriptive easement over Defendant’s driveway and ordering him to remove a portion of the retaining wall. Defendant filed a counter-claim seeking to quiet title to the driveway. Defendant filed a motion for summary judgment, which the trial court granted. Plaintiff appealed.
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