Griffin, et al. v. Brian Development Co., Inc., et al.
| Docket Number: | 2005-CA-00386-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-19-2006 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Prescriptive easement Judge(s) Concurring: KING, C.J., MYERS, P.J., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 01-25-2005 Appealed from: WILKINSON COUNTY CHANCERY COURT Judge: Kennie Middleton Disposition: PLAINTIFFS AWARDED EASEMENT BY ADVERSE POSSESSION OVER DEFENDANTS’ PROPERTY. Case Number: 2004-0075 |
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| Party Name: | Attorney Name: | |||
| Appellant: | SARAH J. GRIFFIN, ET AL. |
CHARLES E. MILLER |
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| Appellee: | BRIAN DEVELOPMENT CO., INC., ET AL. | WAYNE SMITH |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Prescriptive easement |
| Summary of the Facts: | Brian Development Co., Inc., Louis Callahan, G H Equipment, LLC, David and Barbara Berthelot, Deborah James a/k/a Deborah James Pumphrey Rehnstrom, Gloria Breckwoldt, Randall Breckwoldt, Mitzi Breckwoldt, and Mabile and Edward Breckwoldt filed a complaint against Ed and Sarah Griffin, Isaac and Virginia Thomas, Margaret and Felix Louviere, Felix Louviere, Jr., and Jacqueline Jordan. In their complaint, Brian Development alleged that they adversely possessed and obtained by prescription a right of way across certain lands owned by Griffin. The chancellor determined that Brian Development had met their burden of proof in establishing an easement by prescription across the Griffin’s property via Griffin Lane. Griffin appeals. |
| Summary of Opinion Analysis: | To establish a claim of adverse possession or prescriptive easement, Brian Development must show by clear and convincing evidence that their possession was under claim of ownership; actual or hostile; open, notorious, and visible; continuous and uninterrupted for a period of ten years; exclusive; and peaceful. From the record it is clear that there was no other access from Ancil Cox Road to Brian Development’s property besides Griffin Lane. The chancellor found that the use of the roadway by Brian Development and their predecessors from 1956 until the use was interrupted on September 29, 2002, was inconsistent with the titles held by the Cage Estate and, later, the Griffins. There was no evidence that permission was granted to use Griffin Lane nor was there evidence that anyone objected to the use of Griffin Lane until September 2002. The use of Griffin Lane by Brian Development was continuous and uninterrupted for well over the necessary ten years, beginning with the use of the road by the McGraw family in 1956. The evidence presented clearly established that Brian Development and their predecessors used Griffin Lane as the sole access to their property. Thus, the requirements for a prescriptive easement across the Griffin’s property via Griffin Lane were proven. |
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