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Stover v. Tipton

Res judicata did not bar plaintiffs' claim that they acquired a prescriptive easement across defendants' private way because their cause of action did not arise until defendants attempted to obstruct the private way after conclusion of a previous boundary action.

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Wayne Kenneth Stover and L.C. Stover filed a petition in probate court against Roy G. Tipton and Martha L. Tipton, alleging that the Stovers had acquired a prescriptive easement over the Tiptons’ property which the Tiptons subsequently obstructed. The Stovers asked the court to order the Tiptons to remove the obstructions. Although the probate court ruled in the Stovers’ favor, in a de novo appeal, the superior court dismissed the Stovers’ action based on res judicata. The Stovers appeal the superior court’s dismissal, and for reasons that follow, we reverse.

The relevant facts are undisputed. Wayne Stover and L.C. Stover own parcels of real property neighboring land owned by the Tiptons. The Tiptons’ property is to the south of the Stovers’ parcels. The Stovers access their property over a small dirt road which intersects with a county road lying near the southern boundary of their parcels and the northern boundary of the Tiptons’ property.

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