MILLS v. FUHRMANN

Citations

• 2025 OK CIV APP 23

Syllabus

¶1 Trinity Springs Ranch, LLC (Defendant/Appellant), has appealed the trial court's Journal Entry entered on January 31, 2024, which found that Lana and William Mills (Plaintiffs/Appellees) were entitled to an easement for ingress and egress along an unpaved roadway traversing Trinity Springs' real property in Love County, Oklahoma. Trinity Springs argues the trial court erred in finding the Mills were entitled to an easement under any legal theory, while also contending the trial court erroneously enjoined any obstruction of the easement \in perpetuity.\ The Mills also filed a counterappeal, arguing the trial court erred by limiting their right to improve or alter the easement. We find the trial court correctly concluded the Mills were entitled to an easement by necessity and implication but find the trial court erred in its conclusion that the Mills had acquired an easement by prescription. As easements by necessity and implication cannot exist \in perpetuity\, we find that the trial court erred in permanently enjoining Trinity Springs from obstructing the easement. Concerning the counterappeal, we find no error in the trial court's constraint of the Mills' future development or expansion of the easement. Accordingly, the trial court's Order is affirmed in part and reversed in part.