Weatherholt v. Weatherholt (Signed Opinion)
Annotate this CaseRespondent filed a complaint against Petitioners alleging that Petitioners placed certain impediments and obstructions within a twenty-foot right-of-way that existed over a paved roadway that provided deeded access to Respondent’s property. Respondent sought a permanent injunction against the placement of impediments in the right-of-way. The circuit court permanently enjoined Petitioners from placing any impediments or obstructions within the right-of-way. The court also concluded that Respondent had a prescriptive easement for the location of his water line through Petitioner’s property. The Supreme Court affirmed, holding that the circuit court did not err in granting injunctive relief to Respondent prohibiting Petitioner from placing obstructions in Respondent’s easement and concluded that the current location of Respondent’s water line was an appurtenant prescriptive easement through Petitioners’ property.
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