KORESKO v. FARLEY


844 A.2d 607 (2004)

John J. KORESKO, V, and Bonnie J. Koresko, Appellants v. Mark FARLEY, Seaton Ross, L.P., Township of Tredyffrin, Bryn Mawr Custom Home, Inc. and Ollie Bower.

Commonwealth Court of Pennsylvania.

Decided March 10, 2004.


Attorney(s) appearing for the Case

Virginia I. Miller, Philadelphia, for appellants.

Susan C. Mangold, West Chester, for appellee, Township of Tredyffrin.

Scott E. Yaw, Malvern, for appellees, M. Farley, Seaton Ross, L.P., et al.

BEFORE: PELLEGRINI, Judge, SIMPSON, Judge, and MIRARCHI, JR., Senior Judge.


OPINION BY Judge SIMPSON.

In this case of first impression we are asked whether a prescriptive easement over land arises from encroaching tree roots and overhanging branches. The Court of Common Pleas of Chester County (trial court) concluded no such easement arose and granted judgment on the pleadings. We affirm.

John J. Koresko and Bonnie J. Koresko (Neighbors) purchased property in the Township of Tredyffrin (Township...

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