Nelson Rigg, et al. v. Monore Darrow Eads, et al.

Hinton, West Virginia, civil litigation lawyers represented the parties in an easement dispute.

On March 31, 2021, the Piggs acquired two parcels of property, an 11-acre parcel and what they understood to be an 80-acre parcel in Summers County from Thomas H. Walls, Jr. On November 30, 2021, the Eads acquired an abutting 106.45-acre parcel of land from the White family.

In January 2023, at the Piggs' request, surveyor Jon Looney created a legal description for their 80-acre parcel, using, in part, the same calls as a previous 2006 survey performed by James Wentz of what is now the Eads' property. Looney determined that the Piggs' purported 80-acre parcel was, in fact, 64.08 acres. Additionally, Looney placed the Piggs' 11-acre parcel within the boundaries of the Eads' property. In a separate survey of the subject properties, the Eads' surveyor, Jeffrey Chambers, located the Piggs' 11-acre parcel nearly half a mile to the east of the Looney survey's location.

The Eads filed the underlying action to remove the cloud on title to the 11-acre parcel caused by Looney's incorrect survey. The Piggs filed a counterclaim asserting a right-of-way by prescription through the Eads' property, which provided access to the Piggs' 64.08-acre parcel. The Piggs alleged that they had a right-of-way through the Eads' property from Big Rock Road, across a field and into a wooded area on the Eads' property. The Eads claim that by asserting ownership of 11 acres of their property and by asserting a right-of-way through a field on the Eads' property, the Piggs effectively excluded the Eads from using their property for its intended purpose. The Eads had purchased the property with the intention of fencing it, using timber from the wooded area, a portion of which is within the area claimed by the Piggs, to construct fences and barns and to run cattle. Mr. Eads claims that they lost $40,000.00 per year for two years from the anticipated sale of cattle he had planned to raise on their encumbered property.

The circuit court held a bench trial on September 17, 2024. At the trial, the parties, several predecessors in title, and the surveyors testified, and various exhibits, including deeds, surveys, and photographs, were presented. The matter was taken under advisement and on December 13, 2024, the circuit court entered the Final Order Following Bench Trial. In that order, the circuit court concluded that the Piggs did not establish a prescriptive easement because everyone who used the right-of-way did so with permission and there was no adverse use. The circuit court awarded lost profits and other damages in the amount of $40,000 per year for two years and the cost of the Eads' survey work.