Morris v. Byrd

Boggs, Judge.

Sheila Morris appeals from the trial court’s grant of summary judgment in favor of Lois Byrd on Byrd’s claim for an express easement over Morris’s property Morris asserts that the trial court erred because the express easement at issue is too indefinite to be enforced. We agree and therefore reverse.

Summary judgment is proper when there is no genuine issue of material fact, and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant.…