Monday, December 26, 2011

Court determines the existence of an easement

CHARLIE LEE INGRAM v. REBECCA AND RANDY WASSON (Tenn. Ct. App. December 22, 2011)

This appeal concerns the existence of an easement. The dispute between the two adjoining landowners began after the defendant landowners blocked the plaintiff neighboring landowner's access to a roadway crossing over the defendants' property. The plaintiff landowner filed this action seeking condemnation or a finding of an implied easement for access to the roadway over the defendants' property, arguing that his property was landlocked. Upon the admission into evidence of several affidavits, the trial court found both an easement implied from prior use and, in the alternative, an easement created by necessity. The defendant landowners now appeal. We affirm the decision of the trial court.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/ingramc_112211.pdf