Cantrell v. Cantrell (Signed Opinion)Annotate this Case
The Supreme Court affirmed the order of the circuit court refusing Petitioners' petition for injunctive relief and determining that an easement did not exist across certain property, holding that Petitioners failed to establish either a prescriptive easement or an implied easement.
In this dispute among five adult siblings, Petitioners, four siblings, filed a petition for injunctive relief against the fifth sibling, who owned the property at issue, claiming that an easement was necessary for them to access their property. The circuit court refused the injunction, concluding (1) Petitioners' use of the property was permissive so that Petitioners failed to prove adverse use required for a prescriptive easement; and (2) Petitioners failed to establish an implied easement because Petitioners offered no credible evidence of strict or reasonable necessity of prior use. The Supreme Court affirmed, holding that there was no error in the superior court's judgment.