2200 Commercial Street Warehousing, LLC v. Hastings Development Co.

John Mauzy Pittman, Chief Judge.

The appellee sold real estate to the appellant. A disagreement arose between the parties over whether the appellant was entitled to access the property over a portion of Commercial Street that appellee contended was appellee’s own property over which appellant had no right of access. Appellant filed suit asserting that the subject street was burdened with a servitude running to appellant’s land by express grant, implied grant, prescription, and estoppel. Appellee responded with a general denial and asserted fraud, waiver, laches, and permissive use as…