Tubbs v. E & E Flood Farms, L.P.

OPINION

WITHAM, Vice Chancellor.

This case presents three issues: (A) whether Petitioners have implied easements to use a disputed dirt road; (B) whether Petitioners have met the requirements to establish prescriptive easements over the disputed dirt road; and (C) if Petitioners have obtained easements, whether such easements are appurtenant or in gross.

FACTUAL BACKGROUND

These are the facts as found after a two-day trial.

This case involves a dispute between neighbors over the use of a dirt road. The parties own neighboring properties that represent fragments of a larger farm formerly owned by…