Griffin v. Lea Brent Family Inv., LP
| Docket Number: | 2007-CA-01168-COA Linked Case(s): 2007-CA-01168-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-16-2008 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Adverse possession - Abandonment of easement Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., 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: 06-26-2007 Appealed from: WASHINGTON COUNTY CHANCERY COURT Judge: Marie Wilson Disposition: DEFENDANT WAS ENJOINED FROM PREVENTING THE PLAINTIFF FROM USING HIS RIGHT OF INGRESS AND EGRESS OVER AND ACROSS HIS EASEMENT IN ORDER TO GAIN ACCESS TO OTHER PORTIONS OF HIS PROPERTY Case Number: 0600173 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MARY ANN GRIFFIN (STONE) |
JOHN J. CROW, JR. |
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| Appellee: | LEA BRENT FAMILY INVESTMENTS, L.P. | NATHAN P. ADAMS, JR. |
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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 - Adverse possession - Abandonment of easement |
| Summary of the Facts: | Lea Brent Family Investors, L.P. filed a complaint seeking a permanent injunction to enjoin Mary Ann Griffin Stone from blocking access to an easement granted to the Trust by a warranty deed. In response, Stone claimed she had extinguished any rights the Trust had in the easement through adverse possession. Additionally, Stone argued that the Trust had abandoned the easement. The chancellor entered a judgment for the Trust finding that the easement had neither been adversely possessed nor abandoned. As a result, the chancellor issued an injunction ordering Stone to grant the Trust access to its easement. Stone appeals. |
| Summary of Opinion Analysis: | Issue 1: Adverse possession Stone argues that she gained title to the easement through adverse possession and/or abandonment. In order to prove title through adverse possession, the claimant must prove that possession was under claim of ownership; actual or hostile; open, notorious, and visible; exclusive; peaceful; and continuous and uninterrupted for ten years. The chancellor’s ruling that Stone failed to meet her burden of proof on her claim of adverse possession was supported by substantial evidence and was not manifestly wrong. Stone failed to meet her burden of proof as to possessing the easement at issue for the statutorily required period of ten years. In addition, Stone did not satisfy the element of “open, notorious, and visible” possession of Brent’s easement because no action taken either by the Griffins or by Stone, acting solely, was adverse to Brent until 2004/2005 when Stone refused to grant Brent access to his easement. Shortly thereafter, Brent brought suit to quiet title to his easement. Issue 2: Abandonment of easement Abandonment is a question of fact which requires nonuse for an extended period of time as well as the intent to abandon. There must be some clear and unmistakable affirmative act or series of acts indicating a purpose to repudiate ownership. The chancellor found that “there was no act done which was inconsistent with further enjoyment of the easement; there was no act or series of acts indicating a purpose to repudiate ownership.” There was substantial evidence to uphold the chancellor’s finding that Brent did not abandon his easement. |
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