TIMOTHY DUCKWORTH v. FUN CHIU


33 A.D.3d 583 (2006)

822 N.Y.S.2d 147

EUGENE TIMOTHY DUCKWORTH et al., Appellants, v. NING FUN CHIU, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 3, 2006.


Ordered that the judgment is affirmed, with costs.

"An easement by prescription is demonstrated by proof of the adverse, open and notorious, continuous and uninterrupted [use of the property] for the prescriptive period. Generally, where an easement has been shown by clear and convincing evidence to be open, notorious, continuous, and undisputed, it is presumed that the use was hostile, and the burden shifts to the opponent of the allegedly prescriptive easement to...

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