Huff v. McClannahan

OPINION

WOOD, Chief Judge.

Plaintiffs own an easement across defendants’ land. The easement “shall be used primarily for a roadway by both the dominant estate . . . and the servient estate . . . . ” The trial court found that the roadway granted had been used pursuant to the grant, from the date of the grant. Substantial evidence supports the finding. There is no issue as to the size or location of the easement. The appeal involves the right of defendants, the servient estate owners, to install gates across this right-of-way.

Plaintiffs acquired the easement or right-of-way in 1953. Defendants…