O'DELL v. STEGALL

No. 35488.

703 S.E.2d 561 (2010)

Michael J. O'DELL, Plaintiff Below, Appellee, v. Robert and Virginia STEGALL Defendants Below, Appellants, and Sidney Seibert, Clifford E. and Mary Belle Starliper, and Donald E. and Patricia Walker, Defendants Below.

Supreme Court of Appeals of West Virginia.

Decided November 24, 2010.


Attorney(s) appearing for the Case

William Francis Xavier Becker, Esq. , Rockville, MD, for Appellee.

Braun A. Hamstead, Esq. , Richard A. Sussman, Esq. , Hamstead & Associates, L.C., Martinsburg, WV, for Appellants.


KETCHUM, Justice:

Two-and-a-half centuries ago, in the days of Thomas Fairfax and John Savage, the doctrine of prescriptive easements took root in our common law. When estates were so large that the boundaries were unknown, and vast tracts were owned by individuals who never set foot on the land, it was reasonable and economical for the law to reward a diligent user of the land with an easement by prescription at the expense...

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