Benton v. Clegg Land Co.

BRYAN, Judge.

Russell Benton (“Russell”) and Jason Benton (“Jason”) appeal from a summary judgment in favor of Clegg Land Co., Ltd. (“Clegg”), Speaks Land Company, and Ken Buce. We affirm.

Facts

Sometime before 2002, Curtis Adams and his wife contracted for Don Casey to construct a 10-acre lake (“the lake”) on a 646-acre parcel of recreational property (“the property”) in Macon County that Adams and his wife then owned. Casey constructed the lake with a dam on one side; one side of the dam faced the lake, and the other side faced dry land. Subsequent to the construction of the lake, Adams and…