Jerry Machado v. Charles L. Ryan

HORTON, Justice.

Jerry and Terry Machado (the Machados) and Richard Clifton appeal from the district court’s decision finding that their properties are burdened by an express easement and an implied easement by necessity in favor of Charles and Carol Ryan (the Ryans) and Kristopher Jones. 1 Ryan and Jones cross-appeal the district court’s failure to rule on theft claims of implied easement by prior use and easement by prescription. We affirm in part, reverse in part, and remand for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 6, 1970, Promised Land & Cattle Co. (PL & C)…