Boyer v. Whiddon

Barnes, Judge.

Morris Boyer and James Singleton (“defendants”) appeal from the superior court’s summary judgment order creating an “easement by implication for ingress and egress” on property owned by the defendants for the use of an adjoining property with no access to a public road. Because we find the record before the trial court was insufficient to make a determination as to whether an easement arose by implication of law, we reverse.

OCGA § 44-9-1 outlines the following methods in which a private way can be acquired:

The right of private way over another’s land may arise from an express…