O'Dell v. Stegall

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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