Billy Butler v. Malvin Carvin Pitts, Jr.

Syllabus

This is the second appeal of this easement case. Appellants, the servient land owners, appeal the trial court's award of a monetary judgment in favor of Appellees, the owners of the dominant estate. On remand, the parties agreed to have the trial court determine the precise location of the easement, but the trial court refused to hear the issue, and also refused to allow Appellants to make an offer of proof. We vacate the damage award due to the trial court's failure to make sufficient findings. We also conclude that the trial court erred by refusing to determine the location of the easement. Vacated and remanded.