Carroll v. Pierce

Blackburn, Judge.

Joyce C. Carroll appeals the trial court’s final judgment on the jury’s verdict granting Donald A. Pierce and Sallie J. Pierce an easement to use a driveway crossing her property.

1. Over Carroll’s objection, the trial court instructed the jury that: “[A] purchaser will be charged with notice of an easement where an inspection of the premises would have readily revealed such physical facts as would put him upon inquiry in the exercise of ordinary diligence.”

Carroll erroneously argues that the charge given is an incomplete statement of law because it incorrectly presumes that…