Hensley v. Samel

HUDSON, Judge.

At its core, this case involves a dispute over the ownership and access to a small (1.826 acre) tract of land. The trial court ruled that the plaintiff owned the tract as well as the roadways in the subdivision, but that she was estopped from using the roads to access the tract. For the reasons discussed below, we affirm in part, reverse in part, and remand.

In 1969, Plaintiff, Earlene B. Hensley, and her husband, Ben Hensley (“the Hensleys”), received by warranty deed from Charlie Fox and the guardian for Lubriga Fox an approximately fourteen acre tract of land in Burnsville,…