Brown Properties, Inc. v. Looper

Robert H. Dudley, Justice.

The question presented is whether the chancellor erred in finding that the parties intended for an easement for ingress and egress to permit the holder to pave the roadway and to install utilities underneath the surface of the land. We hold that the chancellor was correct in finding that they intended for the roadway to be paved, but that he erred in finding that underground utilities construction was contemplated by the parties to the purchase agreement.

The appellants, Brown Properties, Inc. and Dale McGinnis, bought a five acre tract of land in Pulaski County from…