Hurst v. Baker

1997 WL 215767 (1997)

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Nature of the Case

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Facts

A 94-acre parcel of land existed and eventually was split in two with a deed of 40 of the acres to a William A Lowks. Lowks died intestate nine years after the grant. The heirs then sold the parcel to Haynes with the same description of the land as the original deed to Lowks contained. Haynes then sold to Burton, but a different description of the land was used; an open roadway in common. This new description, 'a roadway in common,' was used in all further conveyances of the property including its acquisition by Hurst (P) in 1981. The rest of the property was described as what was left of the original tract excepting the 40 acres and road. That property was conveyed to Baker and in 1967 a new legal description was used; 'a roadway 20 feet in width' was excepted from the conveyance. P sued Baker (D) asserting that they were the fee simple owners of the roadway. The trial court gave the verdict to P determining that the initial deed from the Lowks only gave an easement. The trial court also ruled that the easement was non-exclusive and could be used in common by both parties. Ps were adjudged to have responsibility for maintenance and were instructed not to farm their property in any manner which would interfere with the ingress or egress of the back forty-acre tract. P appealed.