Attorney Bridget C. Gallagher prevailed at trial seeking prescriptive easement on behalf of the Plaintiff property owner.
A decision issued by the Honorable Joseph H. Pellegrino, JTR, on May 20, 2011, following a four day trial in Waterbury Superior Court, represented a complete victory for the Plaintiff who prevailed on all five counts of its complaint. The case involved two abutting properties in Waterbury and began when the Defendant started to erect a fence along the parties' property boundary in 2009. The Plaintiff and Defendant's parcels once comprised one piece, but were subdivided in 1973, and the Plaintiff claimed a prescriptive easement over the driveway which ran along Plaintiff's westerly property boundary and over Defendant's property. The fence, which the Defendant began to construct, would have effectively prevented all vehicular access to Plaintiff's property and buildings. Attorney Gallagher commenced suit on behalf of the Plaintiff, seeking to enjoin the action and quiet title.
The Court heard the testimony of thirteen witnesses, several of whom described the historic use of the subject driveway since the original subdivision. The Court ruled that the Plaintiff sustained its burden of proof in establishing a prescriptive easement over the Defendant's parcel. The Plaintiff also prevailed on its other claims against Defendant, including that the partial erection of the fence constituted malicious erection of a structure.
The Court held that the Plaintiff's easement over the driveway included rights of ingress and egress and also included the right to maneuver and park trucks at its loading docks for loading and unloading. The Court granted a permanent injunction requiring Defendant to remove the fence and barring Defendant from constructing any obstacle which would interfere with Plaintiff's use and enjoyment of the easement.
A complete copy of the Court's decision is available here: