Ross v. Thompson

This action was instituted by the appellee to recover damages for the disturbance of an easement, and to enjoin the appellant from interfering with its free use.

Easements may be acquired either by grant or by prescription, but in whatever manner acquired they are annexed to the dominant estate. It is the land constituting the dominant estate which possesses the easement; not the owner of the land. The easement is not attached to the person; it is part of the estate and passes with it. The enjoyment by a dominant estate of an easement for a sufficient length of time to create a right by…