Nature of the Case
To access this section all you need to do is click here and register.
Facts
In 1957, six landowners gave the right to Hodnette (P) to use the northernmost 900 feet of a private drive that leads to their respective riverfront lots. P used the road for over 37 years. In 1989, P gave an easement down the length of P's property to provide water and sewerage service for all the homes served by the private road. The Water and Sewer Board put a gravel drive on P's property which parallels the private road. The Sewer Board also widened and paved the private road. P concedes that they no longer need to use the private road, but that road is in better condition and more convenient for P in that they are now retired senior citizens. In 1994, Shearer (D), one of the landowners dug a ditch across the entrance of P's home making it impossible for P to use the private road. P filed an action for a temporary restraining order, and permanent injunction against D. Those orders were eventually issued. D appealed.
Support@ bsmsphd.com
Casebriefs Co