Real Property: Public Road-Common-Law Dedication-Public Prescriptive Easement

Staff Report//June 14, 2024//

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Where subdivision owners sought a public easement by prescription and a declaration that the entry road to their property was a public road by common-law dedication after a new owner of the road property blocked access, the trial court’s judgment in favor of the subdivision owners was cognizable under the prescriptive easement theory, so the court did not need to decide the challenge to the ruling that a public road by common-law dedication had been established.

Judgment is affirmed.

Porton v. Box (MLW No. 81646/Case No. SD37755 – 7 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Taney County, Johnson, J. (Richard Lane Schnake and Paul Forrester Sherman, Springfield, for appellant) (Russell Schenewerk, Branson; J. Michael Bridges, Springfield; and Timothy S. Davis, Branson, for respondent).