Gioielli v. Mallard Cove Condominium Assn., Inc
In Gioielli v. Mallard Cove Condominium Assn., Inc., 37 Conn. App. 822, 658 A.2d 134 (1995), the Court stated:
"Where the use of a right-of-way is in common with the public, the common use is considered to negate a presumption of grant to any individual use. In such a case, the individual user must, in order to establish an independent prescriptive right, perform some act of which the servient owner is aware and which clearly indicates his individual claim of right. . . . Whether the requirements for such a right have been met in a particular case presents a question for the trier of facts after the nature and character of the use and the surrounding circumstances have been considered. . . . A finding that the use made by the claimant and his predecessors in title was not different from that made by the general public is fatal to the establishment of any prescriptive right in the claimant." Id., 37 Conn. App. at 829-30.