Nationwide Financial, LP v. Pobuda

This case presents question as to whether trial court properly granted plaintiff’s motion for summary judgment in trespass and declaratory judgment action, alleging that defendants wrongfully used portion of plaintiff’s land for alternative access to public road, where defendants asserted that they had acquired prescriptive easement on said land due to their continuous use over period of years. Appellate Court, in affirming trial court, found that defendants had failed to state viable claim for prescriptive easement because they could not show that plaintiff or its predecessor in interest in land were altogether deprived of use of same piece of land, especially where record showed that plaintiff had traveled over same piece of land during relevant time period.