Wilke Fleury represented the owner of an apartment building in an action against an individual who recently acquired the duplex on the adjoining property. As set forth in the pleadings, the Apartment’s owner, tenants, and invitees, used the property in many ways including access, parking, and recreational purposes for over five years, and the new owner had actual notice of that use before the purchase. Nonetheless, the new owner insisted the Apartment had no right to use the property, and filed an action to quiet title.
Wilke Fleury filed a cross-complaint on behalf of the Apartment alleging that it had a prescriptive easement over the property.
Following a three day trial, which included viewing of the property, the Honorable Nancy L. Fineman agreed with Wilke Fleury, ruling that the Apartment had acquired a prescriptive easement over the property. On (October 24, 2019), Judge Fineman issued a decision allowing the Apartment to continue its use of the property.
The Court’s decision adopted every argument made by Wilke Fleury and rejected every argument made by the buyer of the duplex.
A copy of the Court’s Judgment is available here.