Bogy and Hass each own adjoining pieces of farmland. A portion of Bogy’s property has long been accessed by a road that passes through Hass’s property. Herbert Bogy, his sons, and farming tenants have used that access since 1972. They made improvements to the road by installing a steel pipe. They never received permission to use the property. In 2008, Hass bought the adjoining property where the road lies, and in October 2011, he blocked Bogy’s access to the road. Bogy filed a complaint, and after a bench trial, the circuit court entered an order granting him a prescriptive easement. Hass appealed and argued that the court erred by ruling that Bogy’s use of the road had been adverse, thereby entitling him to an easement. Do you think Bogy is entitled to a prescriptive easement? Why or why not?

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