Editing O'Dell v. Stegall

{{Infobox Case Brief
|court=West Virginia Supreme Court of Appeals
|citation=703 S.E.2d 561
|date=November 24, 2010
|subject=Property
|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
*Stegall was paying for the upkeep of the gravel lane. 
*
*
|procedural_history=* O'Dell sued Stegall & neighbors to the north seeking legal recognition of his prescriptive easement of the gravel lane.
* O'Dell won in the trial court.
*
|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
* Stegall argued that O'Dell's use of the gravel lane was causing wear & tear
*
|holding=Yes. A prescriptive easement can only arise from a use that's adverse, continuous, & either actually known or open & notorious.
|judgment=Reversed
|reasons=Justice Ketchum: None of the parties could show who owned the gravel lane. Therefore, O'Dell could not claim adverse possession of a prescriptive easement.
|rule=* [https://www.quimbee.com/keyterms/prescriptive-easement Prescriptive easement] = an easement acquired by adverse possession
* American courts generally dis-favor prescriptive easements
|case_text_links={{Infobox Case Brief/Case Text Link
|link=https://law.justia.com/cases/west-virginia/supreme-court/2010/35488.html
|case_text_source=Justia
}}{{Infobox Case Brief/Case Text Link
|link=https://www.quimbee.com/cases/o-dell-v-stegall
|source_type=Video summary
|case_text_source=Quimbee
}}
|case_videos={{Infobox Case Brief/Case Video
|service=YouTube
|id=EJ_b7e7ODVY
}}{{Infobox Case Brief/Case Video
|service=YouTube
|id=wbqtQc5qPPk
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}}
@@ Line 15: / Line 15: @@
 * O'Dell won in the trial court.
 *
-|issues=* Must land use supporting a prescriptive easement be [https://www.quimbee.com/keyterms/adverse-possession adverse], continuous, & either
-** actually known or
-** open & notorious?
 |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
 * Stegall argued that O'Dell's use of the gravel lane was causing wear & tear