Nelson Pigg, Brian Pigg, Sr., and Brian Pigg, Jr. v. Monroe Darrow Eads and Glenda T. Eads

Summary

The Intermediate Court of Appeals of West Virginia affirmed the Summers County Circuit Court's orders rejecting the Piggs' claim to a prescriptive easement across the Eads' property and awarding the Eads damages. The court held that the alleged right-of-way was used permissively, was not sufficiently identified, and was not shown to have been used for purposes beyond hunting access. The court also upheld the damages award because the Piggs did not refute the Eads' evidence of lost income and survey costs.

Holdings

1. The Piggs failed to establish a prescriptive easement because the claimed right-of-way was used with permission, defeating the adversity requirement, and because they failed to identify the route precisely or establish qualifying use for the required period.
2. The circuit court did not err in awarding the Eads $40,000 per year for two years and the cost of the Chambers survey because the Eads presented testimony supporting the damages and the Piggs did not object, cross-examine, or offer rebuttal evidence.
3. The circuit court did not err in denying the Piggs' Rule 59 motion.

Questions Presented

1. Whether the Piggs established the elements of a prescriptive easement over the Eads' property.
2. Whether the circuit court erred in awarding the Eads damages for loss of use of their property and the cost of survey work.
3. Whether the circuit court erred in denying the Piggs' Rule 59 motion.

Disposition

affirmed