Burkett v. Smyder

DEL SOLE, Judge:

Appellees filed a declaratory judgment action against Appellants alleging that they had acquired a prescriptive easement to cross Appellants’ land. Appellants filed a motion for judgment on the pleadings in which they argued that Appellees had failed to join a landowner whose land was also involved in the instant suit. The trial court denied this motion.

Following a non-jury trial, the trial court found that Appellees had used a roadway which intersects Appellants’ land for a period in excess of 21 years. Thus, the prescriptive easement had been established. Following the…