The attorney answered confidently.
At one point, he produced photographs showing the road after resurfacing.
They were impressive.
Clean pavement.
Clear shoulders.
Proper maintenance.
I understood why homeowners had trusted the arrangement.
Somebody had looked after the road.
The HOA had paid to maintain it.
The problem was that paying to maintain a road and possessing a legal right to it were not the same thing.
Eventually, the judge set down the photographs.
“Counsel, I understand the road has been used and maintained for a significant period.”
“Yes, Your Honor.”
“But the defendant disputes the legal basis for the association’s claimed easement.”
“He does.”
“Your complaint relies substantially on prescriptive use.”
“Correct.”
“Was that use adverse or permissive?”
The attorney straightened.
“Adverse, Your Honor.”
“Was there any agreement with the former landowner authorizing the association’s use?”
“None that we have identified.”
The judge looked down at the pleadings.
“Have you examined the prior ownership records?”
“Yes, Your Honor. We reviewed the available material supporting the association’s historical use.”
“That wasn’t precisely my question.”
A slight pause.
“Your Honor?”
“I asked whether the former landowner had ever given permission for this use.”
The attorney folded his hands.
“We found no such permission. Our position is that the association’s use was open, continuous, and adverse throughout the relevant period.”
I felt David’s hand move slightly beside me.
He slid the legal pad toward me.
One word.
Ready.
I looked at it.
Then at the attorney.
He had just committed to the central weakness of the HOA’s case.
In the gallery, Margaret leaned back.
She appeared pleased.
The maintenance evidence had been admitted.
The history sounded convincing.
The residents behind her had heard their lawyer describe a strong claim.
She believed the morning was going well.
I glanced toward Carl.
He wasn’t looking at Margaret.
He was looking at the folder in front of David.
The HOA attorney concluded his presentation.
Then it was our turn.
David stood.
“Your Honor, the defendant does not dispute that Cedarwood Ridge residents have used the road for decades.”
He paused.
“Nor does he dispute that the association has spent money maintaining it.”
The judge looked at him.
“What does he dispute?”
