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Frech v. Piontkowski | 994 A.2d 84 (2010)

Taking a dip in a neighboring reservoir is refreshing on a hot day. Although this reservoir may not belong to you, over time, you may earn a legal right to use it. In Frech versus Piontkowski, we’ll explore the requirements for acquiring a prescriptive easement for recreational water use.

Carl Piontkowski, Florence Baron, and the estate of Constance Murray, collectively referred to as Piontkowski, owned a manmade reservoir. Since nineteen seventy seven, Teresa Frech owned land abutting the reservoir. John Marzano also purchased land abutting the reservoir in nineteen seventy nine.

Frech and Marzano used the entire reservoir for recreational purposes like boating, swimming, and ice fishing. When Marzano sold his property to the Andersens, the Andersens also used the reservoir for recreational purposes. On a few occasions, Piontkowski requested that the landowners leave but was unsuccessful. When Piontkowski placed no trespassing signs in the water, Frech removed them. These recreational uses continued for over twenty five years, without Piontkowski’s permission.

The abutting landowners eventually brought an action in a Connecticut state trial court, seeking an order that they acquired a prescriptive easement over the reservoir for recreational purposes. Piontkowski counterclaimed for quiet title and alleged that the abutting landowners were trespassing in the reservoir. The trial court found that Frech and the Andersens acquired a prescriptive easement. Piontkowski appealed to the Connecticut Supreme Court.

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