Silverstein v. Byers

OPINION

CHAVEZ, Judge.

Defendants-appellants Byerses and Simms appeal from a non-jury trial in favor of plaintiffs-appellees Silversteins where the district court found that an easement across the Byerses’ property was established by implication, necessity, prescription and use and that an easement across the Simms’s property was established by prescription and acquiescence. The issue now presented is whether there was sufficient evidence in support of the trial court’s decision. We hold that an easement by prescription exists across both the Byerses’ and Simms’s properties in favor of the…