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MONIKA THOMAS v. MARTHA COLLINS ET AL. (AC 31755)
DiPentima, C. J., and Beach and Borden, Js. Argued February 17--officially released June 28, 2011

(Appeal from Superior Court, judicial district of Waterbury, Sheedy, J.) Lawrence S. Dressler, for the appellant (plaintiff).

George E. Mendillo, for the appellees (defendants).

Opinion

DiPENTIMA, C. J. The substituted plaintiff, E & M Custom Homes, LLC,1 appeals from the judgment of the trial court granting the motion filed by the defendants, Martha Collins and Roland Johnson and Melba G. Johnson (Johnsons), to dismiss its action to quiet title and to eject the defendants from two portions of two different parcels of real property. On appeal, the plaintiff claims that the court erroneously found that (1) its predecessor in title was ousted from possession of the two disputed portions of property and (2) easements by implication had arisen in favor of the defendants. We affirm the judgment of the court. Prior to trial, the parties stipulated to the following pertinent facts. ``At all relevant times prior to April 16, 1990, Francis M. McWeeney, Jr., owned a tract of land located on Bucks Hill Road and Grassy Hill Road in Waterbury, now known as `Whispering Knolls' subdivision. . . . The tract of land included four lots which are at issue in the instant action.2 . . . On or about April 16, 1990, Francis M. McWeeney, Jr., conveyed the lot known as 660 Bucks Hill Road . . . to his son, Francis M. McWeeney III, and [Lori]3 A. McWeeney. . . . On or about March 1, 1993, Francis M. McWeeney, Jr., stated to Francis M. McWeeney III that [a portion of property that encroached 12.8 feet onto lot 2] was part of the [lot at 660 Bucks Hill Road]. . . . On or about March 1, 1993, Francis M. McWeeney [III] and Lori A. McWeeney constructed a shed and chain link fence on [that portion of the property which encroached 12.8 feet onto lot 2]. . . . On December 31, 2001, Francis M. McWeeney III and Lori A. McWeeney conveyed 660 Bucks Hill Road to . . . Collins.'' The parties also stipulated: ``In 1991, Francis M. McWeeney, Jr., constructed a residential dwelling and driveway on the lot . . . known as 644 Bucks Hill Road. The driveway was situated in part approximately 14 feet onto the adjacent lot 1 . . . . At all times between July 10, [1991]4 and the date hereof, the driveway . . . has been the only access from Bucks Hill Road to and from the garage at 644 Bucks Hill Road. . . . On June 13, 1995, Francis M. McWeeney, Jr., conveyed 644 Bucks Hill Road to the Johnson[s] together with appurtenances, including the part of the driveway . . . located on lot 1 . . . . In September, 2003, Francis M. McWeeney, Jr.'s estate sold lot 1 and lot 2 to Whispering Knolls Development, LLC.''5 At trial and after the plaintiff rested, the defendants submitted to the court a motion to dismiss for failure to make out a prima facie case. See Practice Book

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Connecticut Law