Matthews v. Dennis

Gloria and Alton Dennis (“Defendants”) appeal the special referee’s determination that their property was subject to an easement in favor of adjoining property owned by Ruby E. Matthews, Bobby J. Matthews, and David McCoy (collectively referred to as “Plaintiffs”). Specifically, the special referee found Plaintiffs established their right to an easement under the theories of prescription and necessity. We affirm. 1

FACTS

Gloria Dennis and Ruby Matthews are first cousins. In 1946, Otis McKnight, who was Gloria’s father and Ruby’s uncle, built a home place on a tract of land that he owned in…