Schwab v. Timmons

The government originally owned adjoining lots bordered by a lake and a bluff, each with public-road access at the time of conveyance, before the lots were subdivided among several owners; the landowners (plaintiffs) owned the northernmost parcels and later conveyed away the portions of their own property that had public-road access, then unsuccessfully sought to build or extend a road across their neighbors' (defendants) properties, including a private road running between two of the lower parcels. The landowners sued for a declaratory judgment establishing an easement by necessity or implication over the neighbors' land, and the circuit court dismissed the action; the court of appeals affirmed.