Bryant v. Price

GARRISON, Presiding Judge.

Defendants appeal from an adverse judgment which established an easement by implication for a road across their property for the benefit of adjoining property owned by Plaintiff. The judgment also enjoined Defendants from obstructing the easement or preventing its use. For the reasons which follow, we reverse and remand.

Plaintiff owns approximately 30 acres which adjoin Defendants’ one-acre tract on the north. A county road extends across the south side of Defendants’ tract. The road in question extends in a north-south direction across the east side of Defendants’…