William M. Hensley, et al. v. Robert Carrier

Case Number
E2005-00335-COA-R3-CV

William M. Hensley and Mary Hensley ("Plaintiffs") sued Robert Carrier ("Defendant") regarding the use of a driveway. The case was tried without a jury and the Trial Court found and held that it was the intent of the original grantors that the driveway be a joint driveway; that if this holding was incorrect, that the Plaintiffs had established a right to the driveway through adverse possession; that if the prior two holdings were incorrect, that Plaintiffs had proven a prescriptive easement or an implied easement to use the driveway. Defendant appeals claiming that the Trial Court erred in finding a prescriptive easement or an implied easement, and also that the Trial Court erred in not dismissing Plaintiffs' claims based upon the statute of limitations. We affirm.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Chancellor G. Richard Johnson
Case Name
William M. Hensley, et al. v. Robert Carrier
Date Filed
Dissent or Concur
No
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