Escove v. Mertz
In this boundary dispute between neighbors, the trial court granted Dale and Gloria Mertz a prescriptive easement over and across a 100 foot-wide swath of adjacent property owned by Joseph and Frank Escove for the use of the water pump, gardening, maintenance of animals, maintenance of a boundary fence and leisure and recreational activities relating to the residential use of the Mertzes land.
The Escoves appeal, arguing that by allowing the Mertzes to maintain a boundary fence, the trial court effectively granted the Mertzes an unlawful exclusive prescriptive easement. Court agree and order the judgment amended to eliminate any reference to a boundary fence.
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