Brown v. Marvin G.

TROUT, Chief Justice.

Appellants Josh and Nicole Robson (the Robsons) and Marvin and Lynette Miller (the Millers) appeal from the district judge’s determination that there is an easement by necessity and by prescription crossing over their respective properties, providing access to property owned by Don and Luaina Brown (the Browns). This Court affirms the trial court’s decision on easement by necessity, but remands the case for further proceedings.

I

FACTUAL AND PROCEDURAL BACKGROUND

Prior to 1949, all of the property involved in this case, approximately 640 acres located in Jefferson County,…