Dupont v. Whiteside

The Duponts (plaintiffs) sold roughly 32 acres to the Whitesides (defendants) in 1980; before purchasing, the Whitesides were told they lacked access to their planned building site, and the Duponts responded that they were already building a road across their own remaining land, which was completed before closing - but the Whitesides never obtained an express easement for it. The Whitesides used that road for 14 years until the Duponts objected in 1994 and gave 60 days' notice to find alternative access, then sued for an injunction; the Whitesides counterclaimed for an irrevocable license or an easement by necessity. Evidence showed a permit to build an alternate access road over adjacent wetlands was possible but would likely require a conservation easement and cost $40,000-$50,000. The trial court found an easement by necessity, and the Duponts appealed.