Pitman v. Sweeney

This appeal concerns an access easement. The parties own adjoining parcels of land. Pitman purchased his property in the spring of 1968 from Bonanza Ranches. Sweeney and Sylte (hereinafter Sweeney) purchased their property from Turk in June 1969. The sale agreement between Turk and Sweeney included the following:

Except Therefrom rights of way for roads, including road crossing from West to East.

Prior to Sweeney's purchase and for many years thereafter, plaintiff Pitman used a road located on the Sweeney parcel for access to his land. Although in June of 1977, Sweeney informed Pitman he could…