Real Property-Prescriptive Easement-Driveway

Staff Report//March 18, 2026//

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Defendants appealed the grant of summary judgment to plaintiffs on their complaint for a prescriptive easement over a small portion of a paved driveway between the parties’ homes. Defendants argued that there were outstanding issues of material fact precluding summary judgment and the trial court erred in failing to strike an affidavit from plaintiffs’ predecessor-in-interest supporting plaintiffs’ statement of undisputed material facts.

Where the trial court found defendants’ response to plaintiffs’ statement of uncontroverted material facts to be generic, non-responsive denials, there was no error in concluding that there were no material factual disputes.

Judgment is affirmed.

Metzger v. Morelock (MLW No. 84493/Case No. SD38930 – 9 pages) (Missouri Court of Appeals, Southern District, Nickell, J.) Appealed from circuit court, Stone County, Blankenship, J. (Warren Elliott Harris, Springfield for appellants) (Chaste Samuel Higgins, Branson for respondents)