This is an appeal by allowance from an order of Superior Court which affirmed an order of the Court of Common Pleas of Bucks County denying, in part, injunctive relief sought by the appellants, Dr. Chi-Chien Kao and his wife Dr. Te Hua Liu, Carol C. Snyder, and Terry Hummel. Appellants own an easement for a private road that serves their properties, and they seek to prevent a nearby property owner from trespassing thereon. The easement, which is located in the Borough of Langhorne, is known as West Watson Avenue. See map, infra. The width of the easement is forty feet, but the portion that has been paved with gravel or blacktop for use as a road is much more narrow, ranging from eleven to slightly more than sixteen feet.
Appellants own residential properties along the northern edge of the easement.
The owners of property at the eastern end of the easement, Scott and Judith Haldeman, have been using the easement for access to their residence. Haldemans' use of the easement is one of preference, not necessity, inasmuch as they have access to their property from a public street, Maple Avenue. They have no ownership interest in West Watson Avenue and have not been granted a license for its use. Appellants initiated this action to enjoin that use, and to recover damages for deterioration caused to the easement. Blaze has remained neutral in this matter, neither objecting to Haldemans' use nor granting permission therefor.