Bundy v. Shirley

W. H. Bundy, Jr. sought a determination of whether Bobby Brent Shirley established a prescriptive easement over a road on rural property owned by Bundy. The special referee found Shirley was entitled to the easement. The Court of Appeals reversed. The Supreme Court granted certiorari to review the Court of Appeals' decision. The Supreme Court concluded the Court of Appeals correctly reversed the special referee's grant of a prescriptive easement to Shirley. It then modified the decision to the extent the Court held that a party claiming a prescriptive easement has the burden of proving all elements by clear and convincing evidence. View "Bundy v. Shirley" on Justia Law