Smith v. Commissioners of Public Works

Cureton, Judge:

This is a declaratory judgment action involving the interpretation of a written agreement. In the action, respondents, Harold E. Smith, Carl F. Smith and Jerry R. Smith (Smiths), ask the court to declare that they have an easement to cross the land of appellant, Commissioners of Public Works of the City of Charleston (CPW). The master granted the relief sought by the Smiths and CPW appeals. We affirm as modified and remand.

The Smiths and CPW are adjacent land owners in Berkeley County. They are subsequent grantees of Benjamin R. Kittredge who originally received the easement in…