Hickerson v. Bender

The Fagans granted an easement over Lot 20 for ingress and egress to Gull Lake benefiting the Ruth Lake parcel, which passed through the Swishers to the Hickersons (plaintiffs); the Fagans separately conveyed Lot 20 itself to the Benders (defendants) in 1958 without referencing the easement, and between 1958 and 1962 the Benders built a home, garage, and other improvements that materially blocked the easement. At trial, the Benders and some neighbors testified no one had used the easement since 1959, while the Swishers and a Hickerson testified the easement had in fact been used occasionally over the years; the trial court nonetheless found the easement extinguished both by abandonment and by adverse possession before the Hickersons ever acquired their parcel.