Hall v. Oliver

Miller, Judge.

Bruce and Rita Oliver occupied land next to a landowner (Otis Wayne Hall), who protested their using the dirt road on his property to access their home, particularly since their property fronted on an undisputed public road. The Olivers claimed that the road on Hall’s property was also a public road maintained by the county or at least was a prescriptive easement in their favor based on need or their continually using the road for 13 years. Hall sued to enjoin trespass by the Olivers and for damages, and at trial the court dismissed the action without prejudice on the ground…