Roberts v. Smith

Stephen and Susan Roberts appeal the trial court's judgment denying them a private way of necessity over adjoining land for ingress and egress to their property. The issue on appeal is whether the burden of showing reasonable necessity to condemn a private way of necessity includes the burden of establishing the absence of an implied easement of access when the opposing landowners present some evidence that such an easement exists. We conclude the burden of proving reasonable necessity for ingress and egress includes the burden of disproving the existence of an implied easement of necessity…