Naramore v. Aikman

Contiguously from west to east, there was a public asphalt road called West Sam Arnold Loop (the loop), a 1.77-acre parcel (A), a 9.46-acre parcel (B), a 9.52-acre parcel (C), and a parcel where Sam and Vivian Arnold’s home was located (D). In 1956, the Arnolds owned parcels A, B, C, and D. Along the southern border on A and B and crossing through C into D was a gravel road. Beginning in about 1960, the Arnolds and their tenants used the gravel road for access from the loop to the Arnolds’ home. In the 1980s, the Arnolds conveyed C to a Martinson family member. The recorded sales document referenced a servitude per the Mapes survey. The Mapes survey showed the gravel road but was never recorded. The Arnolds next conveyed A to an Aikman family member without mentioning any servitude. The Arnolds conveyed B to a Naramore/Steib family member without mentioning a servitude but referencing the “Mapes survey.” From the 1960s to about late 2010, the gravel road was continuously used by various people for access without any notable incident. However, Baynum, who along with Kayla Aikman (collectively, the Aikmans) (defendants) owned A, became disturbed by logging trucks on the gravel road and blocked access to it, prompting the Naramores, Martinsons, and Steibs to file suit against the Aikmans for recognition of a servitude and to prevent the Aikmans’ interference with access. After a trial involving about 20 witnesses, the court found that the Arnolds had created a servitude of passage. Judgment was entered in favor of the Naramores, Martinsons, and Steibs. The Aikmans appealed arguing that there was no servitude or that it had been extinguished through nonuse.