Plaintiffs own residential properties abutting a private road known as “Windmill Lane,” which runs perpendicularly to Further Lane from its southern boundary and terminates near the Atlantic Ocean. Plaintiffs commenced an action, pursuant to Real Property Actions and Proceedings Law (RPAPL) Art. 15, seeking a judgment declaring that each of plaintiff’s properties were “benefited by a prescriptive easement for access by foot from the end of Windmill Lane to the Atlantic Ocean beach along the westerly lines of properties known as 27 Windmill Lane and 33 Windmill Lane.” The plaintiffs also sought a determination that properties known as 3 Windmill Lane, 7 Windmill Lane and 11 Windmill Lane “each have an express easement to access the subject pedestrian path.”
The plaintiffs further sought a preliminary injunction barring a defendant from interfering with the use of Windmill Lane and directing the removal of obstructions that blocked use of the easement. Plaintiffs had alleged that certain defendants had prevented the use of the easement by “installing boulders, grass and other landscaping features within the westerly 25-foot-wide portion of the easement area.”
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