David L. Buck and Christopher L. Buck v. James W. Avent and Wife, Bernadine Avent, and Timmy Avent

This is an action to establish an easement. The plaintiffs’ property adjoins the northern boundary of the defendants’ property. The plaintiffs’ property is landlocked. To access the property, the plaintiffs historically used an old logging road on the northeastern corner of the defendants’ property. In 1998, the defendants made improvements that effectively blocked the plaintiffs’ passage over the old logging road. The plaintiffs filed this lawsuit to establish an easement over the old logging road and to enjoin the defendants from further impeding their use of the easement. After a bench trial, the trial court determined that the plaintiffs had established prescriptive easement and an implied easement over the defendants’ property. The trial court directed the plaintiffs’ expert, a surveyor, to establish the exact property lines between the parties’ properties, and ordered the defendants to restore the plaintiffs’ property to its original state according to those boundaries. From that order, the defendants now appeal. We affirm the trial court’s conclusion that the plaintiffs established a prescriptive easement and an implied easement, and reverse in part and remand for the trial court to allow the parties an opportunity to submit further evidence on the exact boundary line between their properties.