Eric Lovett Et Al. v. Marshall Steven Cole, Jr. Et Al.

Eight owners of real property in the Daniels2 Estates Subdivision in Roane County, filed suit seeking equitable relief and money damages from defendants, Marshall Steven Cole, Jr. and his wife, Sarah Cole, after defendants allegedly blocked and/or otherwise made impassable a disputed drive known as “Kudzu Drive.” In a later-filed separate action, two additional owners of property in the subdivision filed suit seeking equitable relief and money damages from Mr. Cole individually. Collectively, plaintiffs claim Kudzu Drive is part of a “joint private permanent easement” dedicated to the use of all of the tract owners in the subdivision. Defendants, on the other hand, claim that the easement consists of a road known as “Daniel Road,” of which Kudzu Drive is not a part. Kudzu Drive, defendants allege, is an independent drive situated exclusively on their property. After a bench trial, the court held that Daniel Road and Kudzu Drive encompass one subdivision road dedicated to the use of all subdivision residents. It held that all right, title, and interest in the disputed drive is vested in the homeowner’s association by virtue of an after-the-fact quitclaim deed executed to it by the subdivision’s previous owner and developer, Mrs. Melvia Mae “Peggy” Daniel. The court enjoined defendants from preventing the homeowner’s association from improving or opening “Kudzu Drive.” The court ordered defendants to remove two gates, a berm, and any other obstructions preventing ingress and egress along Kudzu Drive. The court awarded “damages to all of the [p]laintiffs for [s]lander of [t]itle.” The court awarded $14,133.79 in attorney’s fees and expenses to each set of plaintiffs in the consolidated matters. The court awarded an additional $750 to plaintiffs in Eric Lovett et al. v. Marshall Steven Cole, Jr. et al. for attorney’s fees and expenses incurred in preparing the final order for the trial court’s signature. Defendants appeal. We reverse the trial court’s judgment in which the court decreed that the property referred to as Kudzu Drive is a part of the joint private permanent easement dedicated to the use of all of the tract owners. We hold, instead, that Kudzu Drive is an independent drive situated exclusively on the defendants’ property. In view of our decision, we also reverse all monetary awards of the trial court.