Harwood v. Talbert

OPINION ON REHEARING

The Court’s prior opinion dated December 20, 2000, is hereby withdrawn

WALTERS, Justice.

This case arose from a property dispute between two adjacent landowners regarding the use of a road, located on one owner’s property, to access a portion of the other owner’s property. The district court granted partial summary judgment in favor of the claimant, Allen Haiwood (“Harwood”), determining Harwood possessed an express easement to use the road. On appeal, we affirm the adjudication of the easement, but we vacate the district court's award of attorney fees to Harwood.

FACTUAL AND…