Madden v. Scott

Court properly granted implied easement and easement by prescription over a portion of a condominium unit owned by them for purposes of ingress from, and adjoining condo unit. Evidence supports court’s finding that each element necessary for establishment of an implied easement over that portion of certain unit located within vestibule for purposes of ingress and egress to and from another unit was satisfied; and that Plaintiffs’ period of use itself satisfied the 20-year adverse, continuous and uninterrupted use requirements. Plaintiffs openly used vestibule for access to their unit for 20 years, some 5 years before use was interrupted when sliding glass door to vestibule was locked.  (ROCHFORD and DELORT, concurring.)