In 1957, Judge Hodnette (plaintiff) entered into an agreement with the six joint-owners of a private road, granting him permission to use the road to gain access to his property on which he was to build a home. The agreement explicitly stated that the use of the road was only for him, and would not be passed on through subsequent transfers. The agreement also stated that Judge Hodnette would be responsible for a portion of the road’s upkeep. In 1989, Judge Hodnette granted an easement to the Mobile Water and Sewer Board to install sewage service to be used by him and the other six joint-owners of the private road. The Sewer Board also constructed a gravel road on which Judge Hodnette was able to access a public road. The private road was also repaved and widened by the Sewer Board. Subsequently, Lee Shearer (defendant) dug a trench across the private road, blocking Judge Hodnette from its use. He then brought an action against Shearer to compel her to repair the road. The trial court ruled in Judge Hodnette’s favor. Shearer appealed to the Civil Court of Appeals of Alabama.