DALE ENGLAND, ET AL. v. ROBERT ENGLAND, ET AL. - Articles

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Posted by: Tanja Trezise on Oct 2, 2012

Court: TN Court of Appeals

Attorneys 1:

Michael S. Shipwash, Knoxville, Tennessee, for the appellants, Dale England and Barbara England.

Attorneys 2:

B.J. Reed, Knoxville, Tennessee, for the appellees, Robert England and Alice Mae England.

Judge(s): MCCLARTY

This case is a property dispute between two brothers regarding the width of a right-of-way that affects both their properties. The plaintiff claims the right-of-way is eight feet wide and the defendant should be prevented from expanding the gravel road that runs along the right-of-way to 25 feet because the expansion would require the plaintiff to remove fences, septic tanks, and other permanent structures. The trial court ruled that the right-of-way created by the brothers’ father was intended to be 25 feet wide. The plaintiff appeals. We affirm.

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