Underwood v. Shepard

This is an appeal by the plaintiffs, Bruce Underwood and James and Sylvia Floyd, hereinafter we call them "the plaintiffs," from the judgment of the trial court holding that the defendants, Rose Lavonne Shepard, Buddy Eskew, and Retta C. White, had not provided an easement across a parcel of land for access to the waters of Smith Lake. On appeal, Underwood argues that the evidence clearly shows an easement by grant, necessity, or implication. We agree and reverse.

The facts of this case are as follows:

Robert White and his wife, Retta, owned land in Cullman County, Alabama. Their property…