Boyer v. Abston

The plaintiffs brought this suit praying that they be adjudged owners of an easement over the property of defendants. The trial court found for the defendants and plaintiffs appeal. The proceedings being equitable, we review de novo.

The parties are adjacent property owners. The only access to plaintiffs’ property is a roadway known as Oak Hollow Road which passes through defendants’ property and in front of defendants’ home.

In 1945 the Gibsons, plaintiffs’ predecessors, began a sawmill operation which lasted until 1953 and operated again for a brief one-year period in 1957. During this…