Houghton v. Woodley

VAUGHN, Chief Judge.

The question on appeal is whether the trial court erred in entering a declaratory judgment in the plaintiffs’ favor as to their right to use a twenty-foot strip of land as a drive and in permanently enjoining defendants from interfering with plaintiffs’ use of such drive. We find no error and affirm.

In order to determine the respective rights of the parties and resolve this appeal, we must review the law concerning dedication of a street or highway. Dedication is defined as follows:

[A] [dedication is the intentional appropriation of land by the owner to some proper public…