Henry Viebrock v. Thomas N. Gill and

BISTLINE, Justice BACKGROUND AND PRIOR PROCEEDINGS In approximately 1918, two neighboring landowners, Henry Viebrock I[Footnote
1] and Walter Sachse, jointly constructed a private access road across their adjoining properties. The access road leaves
a state highway and angles across the Viebrock property. The road then crosses into the Sachses' property (now owned by the
Gills) and switches back to the top of a ridge, commonly known as the rimrock. After again crossing into the Viebrocks' property,
the road apparently loops back at the top of the hill and terminates near the boundary between the two properties. Evidence at trial indicated that the road was used by Viebrock, Sachse, and their successors without conflict from the time
of its construction until 1988 or 1989. Walter Sachse conveyed his property to Gene Gill in 1942. Gene Gill conveyed the portion
of his property that abuts the Viebrocks' property to his son, Thomas Gill, in 1982. In approximately 1989, Thomas and Kathleen
Gill began to reside on the property on a full-time basis. The Gills became displeased by the recreational use of the road
(specifically the use of all-terrain vehicles) by the son of Gary Viebrock. In September 1989, after some confrontations between
the parties and unsuccessful efforts at resolution, the Gills constructed a gate across the road and locked it. The gate was
apparently located on the Viebrocks' property. At some point, the Gills also cut down some trees that were located on the
Viebrocks' property.