Fletcher v. Ferry

¶ 1. The case before us arose out of a dispute over a right-of-way that defendant Ferry claims over plaintiff Fletcher’s property. Both parties are unhappy with the trial court’s decision. Defendant appeals the location of the right-of-way, as found by the court, and plaintiff cross-appeals, contending the right-of-way was extinguished by merger. We agree with plaintiff that the trial court erred in failing to find that common ownership in the chain of title eliminated the right-of-way, despite the common owner’s acquisition of one of the parcels by intestate succession, and his failure to…