O'Dell v. Stegall: Difference between revisions
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|date=November 24, 2010 | |date=November 24, 2010 | ||
|subject=Property | |subject=Property | ||
|facts=* O'Dell = purchaser of a church land in West Virginia re-purposed for residential use | |facts=*O'Dell = purchaser of a church land in West Virginia re-purposed for residential use | ||
* O'Dell's new property had direct access to a public road through a driveway on the building's south side | *O'Dell's new property had direct access to a public road through a driveway on the building's south side | ||
*On the north side of O'Dell's property was a gravel lane connected to the aforesaid public road | |||
*Ownership of the gravel lane was unknown | |||
*Stegall = owner of a private property dependent on the gravel lane to access the public road; Stegall's house was to the north of the gravel lane | |||
* | * | ||
* | |||
|arguments=O'Dell argued that he had a prescriptive easement over the gravel road because churchgoers had been using the gravel road on the north to access the former church | |||
|rule=* [https://www.quimbee.com/keyterms/prescriptive-easement Prescriptive easement] = an easement acquired by adverse possession | |rule=* [https://www.quimbee.com/keyterms/prescriptive-easement Prescriptive easement] = an easement acquired by adverse possession | ||
* American courts generally dis-favor prescriptive easements | * American courts generally dis-favor prescriptive easements | ||
Revision as of 21:06, April 18, 2024
| O'Dell v. Stegall | |
| Court | West Virginia Supreme Court of Appeals |
|---|---|
| Citation | 703 S.E.2d 561 |
| Date decided | November 24, 2010 |
Facts
- O'Dell = purchaser of a church land in West Virginia re-purposed for residential use
- O'Dell's new property had direct access to a public road through a driveway on the building's south side
- On the north side of O'Dell's property was a gravel lane connected to the aforesaid public road
- Ownership of the gravel lane was unknown
- Stegall = owner of a private property dependent on the gravel lane to access the public road; Stegall's house was to the north of the gravel lane
Arguments
O'Dell argued that he had a prescriptive easement over the gravel road because churchgoers had been using the gravel road on the north to access the former church
Rule
- Prescriptive easement = an easement acquired by adverse possession
- American courts generally dis-favor prescriptive easements
Resources
