O'Dell v. Stegall
West Virginia Supreme Court of Appeals
703 S.E.2d 561 (2010)
Michael O’Dell (plaintiff) owned a parcel of land and had access to the south side of that land via a driveway. O’Dell would also enter his land from the north side via a private gravel lane he did not own. Robert and Virginia Stegall (defendants) used the gravel lane, which they also did not own, to access their property, which was completely surrounded by land owned by others. The Stegalls objected to O’Dell’s use of the gravel lane, because it caused wear and tear to the lane, which the Stegalls were contractually obligated to repair. O’Dell brought a quiet title action, seeking a declaration that he had a prescriptive easement to use the gravel lane. At trial, the jury found for O’Dell. The Stegalls appealed from the jury verdict and the trial court’s refusal to set aside the judgment.
Rule of Law
Holding and Reasoning (Ketchum, J.)
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