Baty v. Layton

CROW, Presiding Judge.

In this court-tried case, the trial court awarded Plaintiffs, Bobby Baty and his wife, Judy Baty, a common law easement by necessity across land owned by Defendants, Gail Layton and his wife, Kathy Layton.

Defendants appeal, maintaining the trial court erred in that: (1) the common law implied an easement in favor of Plaintiffs across land retained by Plaintiffs’ grantors *476instead of across Defendants’ land, and (2) alternatively, the easement awarded was too wide.

Bobby Baty is the brother of Kathy Layton. Their parents are Bob Baty and Verna Baty. In an effort to minimize…