West Virginia Supreme Court April 4, 1978, 13857 (Justus v. Dotson)

Neely, Justice:

The appellants filed this civil action in the Circuit Court of McDowell County to obtain a right-of-way to

*444

their property across appellee’s property. The controlling legal principles in this settled area of property law are uncomplicated, and they have been thoroughly discussed in the recent case of

Berkeley Development Corp. v. Hutzler,

W. Va., 229 S.E.2d 732 (1976).