Leidy v. Lauver Blocking of Easement by Prescription
As reported in the January 28th, 2008 Pennsylvania Law weekly, Charles A. Bierbach, partner in BMZ LAW, was successful in the case of Leidy v. Lauver in the Court of Common Pleas of Huntingdon County PA. Leidy was the successful plaintiff in an equity action enjoining the blocking of an easement by prescription that the court ruled had been established in excess of the 21 year statutory period. The defenses in the case were that Leidy and his predecessors in title had not had the requisite 21 year time period for the easement, and that use of the easement had been, at least in the past, by permission. The Court of Common Pleas rejected both of those arguments, and determined that the combination of equitable and legal ownership in Leidy meet the 21 year requirement, and that the defendant Lauver had not met his burden to establish that the easement was one granted by permission.