Baker v. Wilbourn

James R. Wilbourn sued Margaret Baker, seeking to establish a prescriptive easement across Baker's property and to enjoin Baker from obstructing that easement. Following an ore tenus proceeding, the circuit court entered a judgment for Wilbourn. Baker appeals; we reverse.

Baker owns a one-acre lot in the City of Gurley. She purchased the property in 1992 from a church association that had begun to construct a building on the site. A slab had been poured and framing had been partially completed when the framing was demolished in a storm. The church association abandoned the construction and…