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.
Case Number
E2005-00335-COA-R3-CV
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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