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Property dispute: appeals court weighs evidence for adverse possession and prescriptive easement
Summary
Aspell v. Rad — Appeals argument focused on whether decades of open use by the Aspell family established adverse possession or a prescriptive easement over a narrow disputed strip of land.
Aspell v. Rad (boundary dispute) — The Appeals Court heard competing accounts over whether decades of lawn care, plantings and recreational use by the Aspell family gave rise to a prescriptive easement or adverse possession across a strip of land between neighboring properties. The appellant (Aspell family) argued their documented, continuous use since the 1970s met the elements; respondents (the Rads and their witnesses) and the…
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