McGavitt v. Guttman Realty Co.

OPINION BY

JOHNSON, J.:

¶ 1 Guttman Realty Company and Gutt-man Oil Company (collectively “Guttman”) appeal the trial court’s decree finding a prescriptive easement across Guttman’s property in favor of Eddie McGavitt and Cheryl McGavitt for use of an access road by heavy trucks delivering coal to waiting barges. Guttman asserts that the court erred because it found that the McGavitts’ prescriptive easement arose from the easements granted to prior owners of the McGavitts’ property. We agree with Gutt-man’s assertions and conclude accordingly that the trial court erred. Accordingly; we reverse…