White v. Ruth R. Millington Living Trust

MAUS, Judge.

The plaintiffs by Count I seek a declaration they have acquired an easement for ingress and egress by prescription. By Count II, in the alternative, they seek the establishment of a private road of necessity under § 228.340. The defendant tendered to the plaintiffs an easement in the south eighteen feet of her property for the construction of a road. The judgment of the trial court declared the plaintiffs shall be entitled to the tendered easement and denied relief upon the petition. The plaintiffs appeal.

The following is a summary of the facts. The plaintiffs’ tract is the south…