Fowler v. Wilbanks

OPINION

CRAWFORD, P.J., W.S.,

delivered the opinion of the court,

in which HIGHERS, J. and FARMER, J., joined.

Plaintiffs sued to enjoin Defendant from denying their right to use a private dirt and gravel road on Defendant’s property in order to access their property. The trial court held that Plaintiffs established an easement by implication and/or prescription in the private road, and enjoined Defendant from preventing Plaintiffs’ future access to the road. Defendant appeals.

Plaintiffs, Maelene Fowler and husband, W.F. Fowler, sued Defendant, Jerry Wil-banks, to enjoin Defendant’s interference…