Michelle A. Blechman v. Donald Woodward

Syllabus

In this property dispute between neighbors, Michelle A. Blechman and James W. Blechman (collectively, plaintiffs), appealed from a Superior Court judgment, following a bench trial, in favor of the defendant, Donald Woodward. The plaintiffs argued that the trial justice erred: (1) in her determination that they failed to show hostile and adverse use of the disputed area by clear and convincing evidence; (2) by failing to conduct a proper analysis of each element of adverse possession under G.L. 1956 § 34-7-1; (3) by finding that the plaintiffs failed to establish the requisite ten-year period necessary to succeed on an acquiescence claim; and (4) in dismissing the plaintiffs' claim for a prescriptive easement without complying with Rule 52(a) of the Superior Court Rules of Civil Procedure. After carefully considering each of the plaintiffs' contentions, the Supreme Court held that the trial justice did not err and, accordingly, affirmed the judgment of the Superior Court.