O'Dell v. Stegall
Supreme Court of Appeals of West Virginia
703 S.E.2d 561 (2010)
Michael O'Dell (plaintiff) had legal access to his property via a driveway on its south side but also regularly used a private gravel lane on the north side that he did not own, the same lane used by Robert and Virginia Stegall (defendants) to access their own landlocked property; the Stegalls, who were contractually obligated to repair the lane, objected to O'Dell's use because it added wear and tear, and O'Dell sued to quiet title, seeking a declared prescriptive easement over the lane. A jury found for O'Dell, and the Stegalls appealed.
Whether a party claiming a prescriptive easement bears the burden of affirmatively proving his use of the land was adverse to the owner, rather than benefiting from a presumption of adversity once the easement's other elements are shown.