Court reviews the award of an easement in a boundary line dispute

MICHAEL HONG v. LEROY FOUST, ET AL. (Tenn. Ct. App. February 8, 2012)

In this boundary line dispute, the defendants sought to claim property beyond a road known as "Creek Road." The trial court concluded that the road constituted the defendants' southern boundary.

However, because the plaintiff's complaint sought the adoption of a survey that conceded a small strip of land south of Creek Road to the defendants, along with the fact that the plaintiff testified that he believed that the defendants owned some property south of Creek Road, the trial court granted the defendants a strip alongside the road about four feet deep.

After the defendants moved to conform their pleading to the proof and sought relief under the doctrine of adverse possession, the trial court reopened the proof to consider adverse use. Another opinion was issued awarding the defendants a strip extending approximately ten feet from the southern edge of Creek Road. The defendants appeal. We affirm the findings of the trial court.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2012/hongm_020812.pdf

Court reviews a boundary line dispute between parties who hired their own surveyors

MARY LEE MARTIN v. S. DALE COPELAND (Tenn. Ct. App. January 20, 2012)

In this boundary line dispute, plaintiff sued defendant, the adjoining property owner, and defendant countersued. Each of the parties employed their own surveyors who testified at the trial, and the Trial Court ultimately established a boundary line between the parties. Defendant appealed to this Court. We affirm the Judgment of the Trial Court.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2012/martinn_013012.pdf

Court reviews the boundary lines established by two different surveyors

GLENN CUPP ET AL. v. BILL HEATH ET AL. (Tenn. Ct. App. August 11, 2011)

In late 2007, the defendant Bill Heath built a fence on a line running generally east and west, said line having been established by surveyor Bill Parsons in 1990 and then re-staked in 2007 by surveyor Dennis Fultz. The plaintiff Glenn Cupp, an adjoining landowner to the south of Heath, hired surveyor Mark Comparoni to establish his northern line because Cupp believed Heath had built the fence much too far to the south. Marjorie Keck, who joins Heath on her northern boundary and Cupp on her western boundary, also commissioned Comparoni to survey her land. Comparoni's survey confirmed that Heath's new fence incorrectly encompassed approximately 35 acres of Cupp's land and approximately 6 acres of Keck's land. Cupp and Keck filed this action against Heath in 2008 to establish their northern boundary with Heath and the Cupp/Keck common boundary as surveyed by Comparoni. The trial court found that the Comparoni survey correctly established the boundary lines of all the parties. Heath appeals. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/cuppg_081111.pdf

Court reviews a boundary line dispute between adjacent property owners

MICHAEL C. DRESSLER ET AL. v. EDWARD BUFORD (Tenn. Ct. App. June 28, 2011)

This is an action to establish the common boundary line between adjacent property owners. Following a four-day bench trial, the trial court adopted Plaintiffs' survey to establish the parties' common boundary line. Defendant appeals arguing that the evidence preponderates against the trial court's findings. Finding the evidence does not preponderate against the trial court's numerous findings, we affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/dresslerm_062811.pdf