Hillside Development Co. v. Fields

LAURA DENVER STITH, Judge.

Defendant-Appellant Roscoe Fields alleges that the trial court erred in rejecting his argument that he had an implied, or “visible” easement over the portion of the property of Plaintiff-Respondent Hillside Development Company on which sits a part of the driveway to Mr. Fields’ home. We agree. The undisputed facts establish all of the elements for creation of a visible easement: the driveway constitutes an obvious and visible benefit to the residential lot, was constructed as a permanent means of access to and from the garage, was used for many years prior to the…