Mulford v. Walnut Hill Farm Group, L.L.C.Annotate this Case
Gardiner Mulford purchased a tract of land after being advised by the seller that it might be landlocked and reviewing an appraisal that concluded an access easement would need to be acquired. Mulford began to use an old plank road on Walnut Hill Farm Group's land to access his property. Mulford was arrested for trespassing. Mulford then filed a four-count complaint against Walnut Hill, alleging the roadbed was a lawful, recorded easement. The trial court held for Walnut Hill. The Supreme Court affirmed, holding the trial court did not err in finding (1) a public body did not accept an offer to dedicate the roadway, and therefore the roadbed was not public; (2) the elements of proof for a prescriptive easement, including use of an easement by prior occupants, were not established, and therefore Mulford was not entitled to a prescriptive easement; and (3) because Mulford did not allege that Walnut Hill made any representation regarding an easement upon which he relied, Walnut Hill was not equitably estopped from denying the easement.