JAMES EBERLE ET AL. v. LISA PARROTT ELLIOTT, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JERRY WAYNE PARROTT, DECEASED

CORRECTION: Page 1 "Tenn. R. App. 3 Appeal as of Right" to "Tenn. R. App. P. 3 Appeal as of Right"

This is a contested easement action regarding wooded mountain property in Monroe County. The Plaintiffs/Appellants, James and Edna Eberle, filed a complaint requesting that the Defendant/Appellee, Lisa Parrott Elliott, be enjoined from crossing the Eberles’ property from her adjoining thirty-acre tract without benefit of an easement. Following a bench trial, the Monroe County Chancery Court dismissed the Eberles’ complaint for injunctive relief and ruled that an easement exists for ingress and egress over the Eberles’ property, appurtenant to and serving Ms. Elliott’s property. The Eberles have appealed. At issue is whether the trial court erred by finding the existence of an easement, either express, prescriptive, or implied. The Eberles also assert that the trial court erred by failing to limit the easement to a use no greater than the use previously made over the servient property. Discerning no error, we affirm the trial court’s ruling that an easement exists for ingress and egress and the court’s dismissal of the complaint for injunctive relief.

Attorney 1: 

John W. Cleveland, Sr., Sweetwater, Tennessee, for the appellants, James and Edna Eberle.

Attorney 2: 

John Carson, III, Madisonville, Tennessee, for the appellee, Lisa Parrott Elliott.

Judge: 
FRIERSON
AttachmentSize
eberlej_COR_070313.pdf160.8 KB
Groups: