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Posted by: Tanja Trezise on Jun 20, 2012

Court: TN Court of Appeals

Attorneys 1:

Matthew Allen Jared, Cookeville, Tennessee, for the appellant, Lynn Rogers.

Attorneys 2:

James Frank Wilson, Wartburg, Tennessee, for the appellees, Jon Roach and wife, Brenda Roach, Roger Hill, Larry B. Daniels, Lowell D. Daniels, Wanda Brown, and Beulah Hill.

Judge(s): COTTRELL

Landowner owns property that was once part of a single parcel of land. The only way she can access her property is over a gravel roadway approximately nine feet wide that crosses through her neighbors’ property. One of Landowner’s neighbors erected fence posts near the roadway that Landowner alleges interfere with her ability to pull her horse trailers back and forth to her property. Landowner filed a complaint alleging she has the right to a forty foot easement across her neighbors’ property. After Landowner presented her proof at trial, Defendant neighbors moved for involuntary dismissal pursuant to Tenn. R. Civ. P. 41.02. The trial court dismissed Landowner’s complaint. We reverse the dismissal as to the Landowner’s claim for interference with her use and enjoyment of the easement because she presented evidence to establish the elements of that claim. We also reverse the dismissal of the claim for damages resulting from the interference. Dismissal of the other claims by Landowner is affirmed. We remand this case for further proceedings.