Ervin King v. Sam Gale

MAXWELL, J.,

for the Court:

¶ 1. Ervin King appeals the denial of his claims for either a prescriptive easement or easement by necessity across Sam Gale’s and Jerusalem Baptist Church’s properties. The evidentiary burden required to establish a prescriptive easement is high — clear and convincing evidence. And the chancellor found King failed to clearly establish the most basic principle for a prescriptive easement — use that is non-permissive. The chancellor also found King did not prove that an easement by necessity across Gale’s property was, in fact, necessary. And as to the church…