Hoyt v. Benham

Dist. Ct. did not err in granting defendants-surrounding property owners' motions for summary judgment in plaintiff’s action seeking declaration that he had fee simple ownership of private road or at least had easements over three connected private roads that would give his property access to public road. Plaintiff’s claim to prescriptive easement over one private road failed, since plaintiff could not show that he or his predecessor in interest used said road under claim of right for 20 consecutive years. Also, plaintiff’s claim to ownership of second private road failed, even though he possessed quitclaim deed to said road, since seller of strip did not have any ownership interest in said strip to convey to plaintiff. Moreover, plaintiff could not establish easement of necessity when predecessor in interest sold adjoining property to third-party, since plaintiff failed to show that said severance caused his property to be without access to public road.