Katz v. Jeppe
This case involves a land use dispute between two neighbors. Plaintiffs claim a prescriptive easement over adjacent land owned by defendant Arthur Jeppe, Jr., for the limited purpose of maintaining and repairing their narrow side yard and the side of their home.
Court find that permissive use allowed by Jeppe and the prior owners of the property of the two foot wide strip of land on the side of Jeppe's house, based upon tacit consent or neighborly accommodation, is insufficient to establish a prescriptive title to a right of way over Jeppe's property. Thus, the trial court properly granted summary judgment in favor of Jeppe on the Katzes' cause of action to quiet title to a prescriptive easement.
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