Rice v. Randolph

COZORT, Judge.

Plaintiffs brought suit to enjoin defendants from interfering with plaintiffs’ user rights in an easement or right of way created by deeds referencing a recorded plat of a subdivision in which the parties’ land is located. Defendants raised abandonment of the easement as a defense and also counterclaimed for a declaration of their rights to the land described in their deed, which purported to convey fee ownership to a tract of land consisting of a portion of lot 1 in the subdivision as well as a portion of the easement. Defendants claimed ownership of that portion of the…