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Appeals court hears land-dispute arguments over boundary, prescriptive easements and private-way improvements
Summary
Attorneys disputed whether claims to quiet title and a later trial finding of prescriptive easements were fairly presented before trial and whether Chapter 187, Section 5 allows utility or roadway improvements where a private way is used by others.
The Appeals Court heard a long-running boundary and easement dispute between 40 Meadowbrook Lane Realty LLC and Kyle and Gary Andress over title, prescriptive easements and use of Pine Needle Lane and associated trails (40 Meadowbrook Lane Realty LLC v. Kyle Andress, 2024-1426).
Counsel for the Andresses, Kevin Considine, told the panel his clients were ambushed at trial when the plaintiff obtained prescriptive easements across portions of disputed property that had not been pled or developed in pretrial discovery. Considine said the amended counterclaim and pretrial papers focused on quiet-title relief as to a northerly boundary and that…
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