Oyler v. Gilliland

This is the second time the same parties have appeared before this Court to litigate the same issues. In Oyler v. Gilliland,351 So.2d 886 (Ala. 1977), B.J. Oyler appealed from a judgment permanently enjoining him from interfering with the Gillilands' use of a road over his property. The trial Court had determined in that case that the Gillilands had acquired an easement by necessity over Oyler's property. We affirmed the lower Court in that respect but reversed the judgment insofar as it held the easement to be perpetual.

By its very nature, an easement of necessity is extinguished once the…