Justus v. Dotson

This is an appeal by Troy and Claudia Dotson from a judgment of the Circuit Court of McDowell County requiring them to grant a twelve foot right-of-way across their land for the use of the appellees, Arvel Lee Justus and Nellie Ruth Justus. The appellants contend that the circuit court’s order is contrary to the weight of the evidence and an erroneous application of the law of easements. We agree, and for the reasons set forth below, we reverse.

We previously considered certain aspects of this case in Justus v. Dotson, 161 W.Va. 443, 242 S.E.2d 575 (1978). In our previous opinion,…