Nice v. Priday

Defendants Priday (defendants) appeal a judgment granting a prescriptive easement through their property and awarding damages for interference with that easement. We reverse.

Personal representatives for the Estate of Mary Folmsbee (the estate) hold title to a 160-acre tract known as the Ward Creek property. In June 1993, plaintiffs entered into an earnest money agreement with the estate to purchase the property. The only automobile access to the Ward Creek property is through a ranch owned by defendants Priday. Defendants Priday disputed plaintiffs’ and the estate’s access through their ranch…