Get more case briefs explained with Quimbee. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks ► [ Ссылка ]

O’Dell v. Stegall | 703 S.E.2d 561 (2010)

Prescriptive easements, which are effectively easements created by adverse possession, involve a forfeiture, because a landowner’s property becomes subject to a trespasser’s use without the trespasser offering any compensation. Consequently, courts generally disfavor prescriptive easements and will only recognize them if certain criteria are satisfied. We explore those criteria in O’Dell versus Stegall.

Michael O’Dell purchased land in West Virginia housing a church repurposed for residential use. The property had direct access to a public road via a driveway on the building’s south side. But to the north of O’Dell’s property was a gravel lane also connected to the public road. Ownership of the gravel lane was unknown, but O’Dell believed that he had a prescriptive easement to use the lane because churchgoers historically used it to access the building that was now O’Dell’s home.

Robert and Virginia Stegall, who owned the property directly behind O’Dell’s, were dependent on the lane for access to the public road. Prior to O’Dell’s purchase of his property, the Stegalls contracted with other lane-bordering neighbors to financially provide for the lane’s upkeep. The Stegalls objected to O’Dell’s use of the lane, believing that it would cause wear and tear that they were contractually obligated to repair.

O’Dell filed suit against the Stegalls and the other lane-bordering landowners seeking legal recognition of a prescriptive easement. Although most of the property owners didn’t object to O’Dell’s use and settled before trial, the Stegalls argued that O’Dell couldn’t satisfy the requirements for a prescriptive easement.

The trial court held in favor of O’Dell, recognizing a prescriptive easement, and the Stegalls appealed to the West Virginia Supreme Court of Appeals, the state’s highest court.

Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: [ Ссылка ]

The Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Try it free for 7 days! ► [ Ссылка ]

Have Questions about this Case? Submit your questions and get answers from a real attorney here: [ Ссылка ]

Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► [ Ссылка ]
Quimbee Case Brief App ► [ Ссылка ]
Facebook ► [ Ссылка ]
Twitter ► [ Ссылка ]
#casebriefs #lawcases #casesummaries

свернуть