Frech v. Piontkowski

Carl Piontkowski (defendant), Florence Baron (defendant), and the estate of Constance Murray (defendant) (collectively, Piontkowski) owned a reservoir, which was created by the erection of a dam. In 1977, Teresa Frech (plaintiff) purchased property that abutted the reservoir. In 1979, the Marzano family purchased another abutting lot, which was sold to Kenneth Andersen and Amy Andersen (plaintiffs) in 1997. Beginning with their purchase of the lots, the Frech and Marzano families regularly used the reservoir for recreational purposes such as boating, fishing, and swimming. After the Andersens acquired their lot from the Marzanos, the Andersens engaged in the same uses of the reservoir. Piontkowski made occasional attempts to prevent the activities, including the posting of “no trespassing” signs. However, Piontkowski did not provide notice of an intent to prevent Frech and the Andersens from acquiring an easement. Frech and the Andersens sought a court order declaring their right to use the reservoir. The trial court found that Frech and the Andersens had acquired a prescriptive easement. Piontkowski appealed to the Connecticut Supreme Court, arguing that the acquisition of an easement over an artificial body of water imposed an unreasonable burden on Piontkowski to maintain the dam and that recreational uses of such property failed to provide sufficient notice.