Cole v. Gilvin

OPINION

JOHNSON, Judge:

Nelson Cole and his wife, Marilyn, have appealed from a final judgment of the Todd Circuit Court entered on June 12, 2000, which held that they have no legal right of way to their realty over a passway or roadway on the property owned by the Gilvins. Having concluded that the trial court properly found that the Coles had no easement and the passway was not a public road, we affirm.

In March 1986, the Coles purchased a 36 acre tract of land from the Farmers Home Administration (FHA) for $76,800.00. In April 1988, the Gilvins also acquired from the FHA for $59,000.00 a…