PROPERTY – Prescriptive easement, injunction: Little v. Hall (COA 9/25/2009)

Little v. Hall
2008-CA-001702 9/25/09 2009 WL 304764

Opinion by Judge VanMeter; Chief Judge Combs and Senior Judge Lambert concurred. The Court affirmed an order of the circuit court granting permanent injunctive relief barring appellants from obstructing a road across their property.

The Court held that after remand from the Court of Appeals, the trial court did not err in finding that appellees used the road under a claim of right and acquired a prescriptive easement across the property. Appellants offered no affirmative evidence to meet their burden of proving that appellees used the road by permission rather than under a claim of right and appellees satisfied the “very slight evidence” standard by producing evidence that they continued using the road in a manner consistent with a belief that they were entitled to do so indefinitely.

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