Legal Opinion

Kelley v. Westover

Court of Appeals of Arkansas

Decided February 19, 1997No. CA 96-412PublishedCited by 11 opinions

1Opinion of the Court

John F. Stroud, Jr., Judge.

This is a prescriptive easement case in which appellants, Eugene and Joye Kelley, claim a prescriptive right of passage over property belonging to appellees, William F. Westover, William E. Westover, and Patricia M. Westover. The chancellor determined that appellants had sporadically crossed appellees’ property for more than twenty years, but that their use of the property was not continuous and uninterrupted, and therefore had not established a prescriptive easement. We agree and affirm.

In 1951, appellee William F. Westover purchased twenty acres of unimproved…

2Cases cited2 opinions

  1. Childress v. RichardsonCourt of Appeals of Arkansas · 1984
  2. Stahl v. ThompsonCourt of Appeals of Arkansas · 1982

3Cited by11 opinions

  1. O'DELL v. StegallWest Virginia Supreme Court · 2010
  2. Johnson v. JonesCourt of Appeals of Arkansas · 1998
  3. Trask v. NoziskoColorado Court of Appeals · 2006
  4. Pittman v. LowtherSupreme Court of South Carolina · 2005
  5. Five Forks Hunting Club, LLC v. Nixon Family PartnershipCourt of Appeals of Arkansas · 2019

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