SHANKS V. FLOOM
124 N.E.2d 416 (1955)
NATURE OF THE CASE: Shanks (P) appealed a decision that Floom (P) had an easement in a
driveway.
FACTS: In 1925, Schiltz and Floom, pursuant to an oral agreement, constructed a cement
driveway, seven feet wide and 110 feet long, between and on their two properties, each owner
bearing one-half the cost. Both used the common driveway until the year 1948 when Schiltz
sold his property to P. D inherited their property from William Floom, who died in that
year. P sued D for an injunction prohibiting use. The court held for D in that the
'possession and use' of each owner was under a 'claim of right' and therefore adverse and
this adverse possession continued for more than 21 years and therefore ripened into a
prescriptive right. P Appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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