The Laura Taylor Living Trust, Laura Taylor and Frank Taylor, Trustees v. the David L. Littrell Rev. Trust Dated May 18, 2000, David L. Littrell and Mary R. Littrell, Trustees; And the Mary R. Littrell Rev. Trust Dated May 18, 2000, David L. Littrell and Mary R. Liitrell, Trustees

2025 Ark. App. 604
CourtCourt of Appeals of Arkansas
DecidedDecember 10, 2025
StatusPublished

This text of 2025 Ark. App. 604 (The Laura Taylor Living Trust, Laura Taylor and Frank Taylor, Trustees v. the David L. Littrell Rev. Trust Dated May 18, 2000, David L. Littrell and Mary R. Littrell, Trustees; And the Mary R. Littrell Rev. Trust Dated May 18, 2000, David L. Littrell and Mary R. Liitrell, Trustees) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Laura Taylor Living Trust, Laura Taylor and Frank Taylor, Trustees v. the David L. Littrell Rev. Trust Dated May 18, 2000, David L. Littrell and Mary R. Littrell, Trustees; And the Mary R. Littrell Rev. Trust Dated May 18, 2000, David L. Littrell and Mary R. Liitrell, Trustees, 2025 Ark. App. 604 (Ark. Ct. App. 2025).

Opinion

Cite as 2025 Ark. App. 604 ARKANSAS COURT OF APPEALS DIVISION IV No. CV-24-642

THE LAURA TAYLOR LIVING TRUST, Opinion Delivered December 10, 2025 LAURA TAYLOR AND FRANK APPEAL FROM THE MADISON TAYLOR, TRUSTEES COUNTY CIRCUIT COURT APPELLANT [NO. 44CV-23-82]

V. HONORABLE BETH STOREY BRYAN, JUDGE THE DAVID L. LITTRELL REV. TRUST DATED MAY 18, 2000, DAVID L. AFFIRMED LITTRELL AND MARY R. LITTRELL, TRUSTEES; AND THE MARY R. LITTRELL REV. TRUST DATED MAY 18, 2000, DAVID L. LITTRELL AND MARY R. LIITRELL, TRUSTEES APPELLEES

CINDY GRACE THYER, Judge

This appeal arises from an order of the Madison County Circuit Court denying and

dismissing the petition for a prescriptive easement sought by appellant, the Laura Taylor

Living Trust, Laura Taylor and Frank Taylor, trustees (hereinafter “the Taylors”). On appeal,

the Taylors argue that the circuit court erred in finding their use of the land at issue did not

ripen into a prescriptive easement; they also challenge several specific factual findings made

by the circuit court. We find no error and affirm. I. Factual and Procedural Background

The dispute in this case centers on access to a dirt road running across land owned

by the David L. Littrell Revocable Trust (“the Littrells”), which the Taylors have used in the

past to access their property. The Taylors own approximately three hundred acres of land in

Madison County. Their property is roughly bisected by the Kings River. The Littrells own

another three hundred acres to the north of the Taylors’ property. Madison County Road

2425 (“Madison 2425”) runs south from Highway 412, continues through the Littrells’

property, and ends at the Littrells’ house. Where Madison 2425 ends, the dirt road that is at

issue in this case continues to run through the Littrells’ yard, to a gate, across a field, and to

another gate at the boundary with the Taylors’ property.

After the Taylors bought their property in August 2010, they used Madison 2425 to

access their land. In April 2023, however, the Littrells locked the gate at their edge of their

property, thus preventing the Taylors from accessing their property by that route. In July

2023, the Taylors filed a complaint for a declaratory judgment and a prescriptive easement

asking the circuit court to either determine that Madison 2425 provided a legal right of

access to their property or to find that they were entitled to a prescriptive easement over the

road.

The Littrells answered, acknowledging that the road from the end of Madison 2425

across the Taylors’ property had been used with their (the Littrells’) permission for a number

of years. The Littrells also noted that they had continued to allow use of the road after the

Taylors had purchased the property until a dispute arose between them. The Littrells further

2 pointed out that the Taylors had access to their property via Madison County Road 2405

(“Madison 2405”) and used that road to access the RV park located on their land. The

Littrells asserted that they had offered to convey to the Taylors a personal easement for

agricultural purposes, but the Taylors rejected the offer. The Littrells therefore asked the

court to dismiss the Taylors’ complaint for declaratory judgment and prescriptive easement.

The case proceeded to trial in June 2024. As part of their case-in-chief, the Taylors

called numerous witnesses to testify about the history and use of the property. Crystal Ogden,

the Madison County assessor, testified that the Taylors’ parcel of land had a physical address

on Madison 2425. She noted that the property was given the address in 2016, but before

that time there had been no address on it at all. She also acknowledged that the Taylors’ RV

park on the west side of the Kings River had a physical address on Madison 2405.

Janet Havens, née Hargis, is the daughter of Edith and Thomas Hargis, who originally

owned the land that the Taylors now own. She explained that the property consisted of two

tracts of land that the family called the Upper Place and the Lower Place. She said that her

parents lived on the Upper Place but moved before she was born; however, they continued

to use the Upper Place for raising cattle and growing hay. Her parents drove the cattle from

the Upper Place to the Lower Place via the dirt road that ran between the properties and

past the Littrells’ place. She said that access to the Upper Place, which predated 1960, was

via the dirt road that ran in front of and past the Littrells’ home; that dirt road was more

commonly known as Madison 2425. When her father passed away in 1977, Janet’s brother,

3 Donald, inherited the Upper Place, and she inherited the Lower Place. Later, after Donald

developed cancer, he sold the Upper Place to the Taylors.

On cross-examination, Janet testified that she and her brother both rented the farm

property to Joe Carter, who lived east of both their property and the Littrells’ property. She

said that she did not go to the Upper Place very often, having moved away in 1962, but she

recalled that Joe rented the land for a long time beginning in the 1970s. She added that she

did not know much about the use of the road in dispute after her parents had passed away,

but she said that Donald and his family would come to visit once a year or so and would use

the road to get to the Upper Place. Janet acknowledged that one could access the Upper

Place from Madison 2405 by crossing the river, adding that when her parents owned it, there

was also a road along the river that they used to get from the Upper Place to the Lower Place.

David Hargis, Donald’s son and Janet’s nephew, testified that his father inherited the

farm when his father (David’s grandfather) passed away. He recalled visiting the property

when he was ten or twelve years old, when his father was stationed at the Air Force base in

Illinois. He said that they would drive down during farming season to bale hay. He did not

remember the county road number that they used to drive to the Upper Place, but he did

remember that there was only one road they used to get to the property. When he was

fourteen years old, he and his family came back to Arkansas for his grandfather’s funeral and

to round up the cattle on the Upper Place. At that time, they drove the cattle across

pastureland and did not drive them along the road. On another occasion, when his

daughters were five and six years old, he drove them past the family’s original homesite at

4 the Upper Place and let them play in the river. His father still owned the property at the

time. He did not recall ever asking permission to use the road but remembered meeting Clint

Littrell when he was around twelve years old as they were driving past his house. The last

time he tried to visit the Upper Place was when his father died. He said that they tried to

spread his ashes on the Upper Place, but the land had been sold and there was a small chain

on the gate at the end of the road by the Littrells’ house, so they spread the ashes on the

Lower Place instead. David identified Madison 2425 on a map as running between the

Littrell property and some woods and down to the Upper Place. He added that he had gone

to the Upper Place shortly before trial with the Taylors, accessing it from across the river by

their RV park.

Frank Taylor testified that he lived in Springdale but owned what the Hargises called

the Upper Place.

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2025 Ark. App. 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-laura-taylor-living-trust-laura-taylor-and-frank-taylor-trustees-v-arkctapp-2025.