Fischer v. Revett

GARRARD, Judge.

The Fischers, owners of an alleged ser-vient tenement, appeal the trial court’s decision establishing an implied easement in favor of the Revetts, owners of the claimed dominant tenement.

Revetts and Fischers are neighbors with a common border approximately 330 feet long running from the street side of their lots to the back line of the lots. A driveway on Revetts’ lot terminates in a loop, a portion of which encroaches upon Fischers’ lot. This encroachment, in the shape of an arc, consisting of the eastern portion of the loop, intrudes about ten feet into Fischers’ land and…