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
* O'Dell's new property had direct access to a public road through a driveway on the building's south side
*
|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
|case_text_links={{Infobox Case Brief/Case Text Link
|link=https://law.justia.com/cases/west-virginia/supreme-court/2010/35488.html
|link=https://law.justia.com/cases/west-virginia/supreme-court/2010/35488.html

Revision as of 19:33, 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

Rule

  • Prescriptive easement = an easement acquired by adverse possession
  • American courts generally dis-favor prescriptive easements

Resources