Boggess v. Spencer

TYSON, Judge.

Ralph and Betty Spencer, R.L. Spencer, Jr., Sue S. and Arvil Luffman (collectively, “defendants”) appeal from judgment entered 21 June 2004 after a jury found Wendy G. and Scott Boggess (collectively, “plaintiffs”) to have an easement by necessity over defendants’ property. We affirm.

I. Background

Plaintiffs are the owners of a parcel of land containing approximately 4.09 acres located in Wilkes County. Defendants are the owners of a parcel adjoining plaintiffs’ property. The relevant conveyances with respect to these properties are as follows:

1) By deed dated 12 April 1933, J.C.…