THE RIVER OAKS, GP, ET AL. v. IOAN BUCSE, ET AL. - Articles

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Posted by: Landry Butler on Oct 26, 2016

Court: TN Court of Appeals

Attorneys 1:

Peter H. Curry, Nashville, Tennessee, for the appellants, The River Oaks, GP, and Ray Morris.

Attorneys 2:

Brandon R. Meredith, Gallatin, Tennessee, for the appellees, Ioan Bucse and Felicia Bucse.

Judge(s): STAFFORD

This property dispute involves adjacent commercial property owners. When defendants revealed their intent to erect a fence between the adjoining properties, plaintiffs sued under the theories of adverse possession, prescriptive easement, and implied easement to use a portion of defendants‘ property for parking, trash removal, and receiving deliveries. After a bench trial, the trial court found that plaintiffs failed to meet their burden of establishing their asserted rights over the area in dispute. Plaintiffs appeal the trial court‘s conclusions as to prescriptive easement and easement by implication only. Discerning no error, we affirm.

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