Kohler v. Martin

OPINION

DAVIS, Associate Presiding Judge:

Stephen C. Martin appeals the trial court’s rulings regarding access rights to a ten-foot-wide driveway occupying a portion of his property. We affirm in part, reverse in part, and remand in part.

FACTS

The property in question is a narrow strip of land approximately 56 feet wide and 277 feet long. A driveway approximately ten feet wide runs through the property and provides access to both the Martin and the Kohler residences. The testimony at trial was that historically this entire strip of land was regarded and treated as a public roadway (roadway). The…