163 Conn.App. 750
Conn. App. Ct.2016Background
- Patrick Bennett purchased 112–114 Bennett Street, Bridgeport, in 1963 and title was later transferred to plaintiff in 2006.
- Defendants, adjacent owners at 2926–2930 Fairfield Avenue, held fee simple title to parcels one and two and an easement across plaintiff’s land.
- Parcels one and two are a rear rectangular parcel and a front triangular parcel, with an eight‑foot passway across plaintiff’s property serving the defendants’ property.
- A chain‑link/razor‑wire fence and other barriers historically prevented access to the easement; plaintiff and his family maintained the three areas since 1963
- Plaintiff filed suit on August 23, 2011 seeking quiet title under §47‑31 and acquisition by adverse possession under §52‑575; trial court found in plaintiff’s favor on all three areas and vesting in Patrick Bennett in 1978 based on long possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff proved adverse possession of parcels one and two | Bennett showed open, notorious, hostile, continuous, exclusive use since 1963 | Defendants contend lack of consent and insufficient proof | Yes; possession was without consent and sustained by clear and convincing evidence. |
| Whether the defendants’ easement was extinguished by prescription | Use of the easement by the servient owner ceased access through the parcels for 15+ years | Easement could remain despite cessation of use | Yes; easement extinguished by prescriptive use. |
Key Cases Cited
- Woodhouse v. McKee, 90 Conn. App. 662 (2005) (hostility means absence of consent in adverse possession)
- Mulle v. McCauley, 102 Conn. App. 803 (2007) (clear and convincing standard; hostile possession requires absence of consent)
- Skelly v. Brucher, 134 Conn. App. 337 (2012) (adverse possession standard and scope of review)
- Mierzejewski v. Brownell, 102 Conn. App. 413 (2007) (extinguishment of easement by prescription; factual review)
- Russo v. Terek, 7 Conn. App. 252 (1986) (extinguishment by adverse use; right to use vacant land)
- Public Storage, Inc. v. Eliot Street Ltd. Partnership, 20 Conn. App 380 (1989) (chain‑link fence effect on prescriptive period)
- Roche v. Fairfield, 186 Conn. 490 (1982) (exclusive possession standard for adverse possession)