Kuhstoss v. Steele

Kuhstoss sued the Steeles after the Steeles consistently used a road on Kuhstoss’s property to access the Steeles’ property. The Steeles filed an answer arguing they were entitled to a prescriptive easement over the property. The trial court granted the Steeles’ Motion for Injunctive Relief, prohibiting Kuhstoss from infringing on the Steeles’ use of the road, with limitations, and requiring the Steeles to be responsible for removing the felled trees that were blocking the road. Kuhstoss appealed and argued the purported right-of-way sought by prescription passed through “unenclosed woodlands.” Therefore, acquisition of a prescriptive easement is barred by the Pennsylvania Unenclosed Woodlands Act. The Superior Court agreed and vacated the trial court’s order. 

KUHSTOSS

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