Osborn v. Tennison, No. CV-13-740, 2014 Ark. App. LEXIS 208 (Ark Ct. App. Mar. 12, 2014)

(appellees filed an action against appellant, seeking an injunction enjoining him from interfering with their easement on his road; the trial court granted relief to the appellees, and, on appeal, the court affirmed; the court found that the trial court did not clearly err in finding that the easement had not been abandoned by appellees for nonuse; because appellant did not raise the seven-year statute of limitations in the lower court, he could not raise the issue on appeal; the trial court did not err in allowing appellees to construct a wider gate across the roadway because appellant’s narrow gate was interfering with the appellees’ farming use of the roadway; finally, the court found that the deed granting the easement "to have and to hold the same unto said GRANTEES and their heirs and assigns forever" granted an appurtenant easement, not one personal to the grantee).