Foster v. Sumner

The Fosters and The Elmores petitioned the Circuit Court of Kanawha County to grant them a right-of-way by prescription over the driveway of their neighbors, the Sumners and to establish the boundary line between their properties. The circuit court ruled in favor of the Fosters and Elmores on both issues. On appeal, the Sumners argue that the circuit court erred in both findings. For the reasons set forth below, we affirm in part and reverse in part the judgment of the circuit court.

The parties are owners of various tracts of land in Penrhyn Park, a very hilly section of Kanawha County. 1…