Ballington v. Paxton

HOWELL, Chief Judge:

The Appellants appeal from the master-in-equity’s refusal to require David Wayne Paxton to remove a gate and fence constructed on an easement over Paxton’s property. We affirm.

I

This case involves a family dispute over access to Paxton Pond, an approximately 40-acre man-made pond in Lexington County. The pond and adjacent property are located on Highway 34, commonly referred to as Pond Branch Road. A dirt road, Paxton’s Pond Road, goes from Highway 34 and follows along a portion of the pond’s perimeter.

The Appellants, Paxton, and other family members derived title to the…