Fike v. Shelton

James Shelton (plaintiff) bought 40 acres with no road access, planning to build a vacation home, and sued his neighbor John Fike (defendant) claiming an easement by necessity across Fike's land based on a shared history of common ownership between the two parcels. Fike argued Shelton didn't need to cross his land because two other neighbors had let Shelton cross their properties instead, but those neighbors' permission was limited, one allowed only foot access, the other gave only revocable verbal permission, and neither of those neighbors' parcels shared a common-ownership history with Shelton's. The trial court granted Shelton an easement by necessity across Fike's land, and Fike appealed.