ROGER L. HOLT v. JIMMY CANTRELL, ET AL. - Articles

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Posted by: Landry Butler on Apr 27, 2017

Court: TN Court of Appeals

Attorneys 1:

H. Franklin Chancey, Cleveland, Tennessee, for the appellant, Roger Holt.

Attorneys 2:

Travis D. Henry, Cleveland, Tennessee, for the appellees, Shirley Carroll and Tommy Cantrell.

Judge(s): SWINEY

This appeal concerns access to real property (“the lake property”) owned by Roger L. Holt (“Holt”). Holt sued Jimmy Cantrell,1 Shirley Carroll and Tommy Cantrell (“Defendants”) in the Chancery Court for Bradley County (“the Trial Court”) alleging that he was entitled to access his property by means of a road bed (“the Disputed Road Bed”) on Defendants’ property (“the Cantrell property”). Holt advanced three alternative theories: that he was entitled to a prescriptive easement; that he was entitled to an easement by necessity; and that the Disputed Road Bed is a public road by implication. After a hearing, the Trial Court rejected all three of Holt’s theories and dismissed his complaint. Holt appealed to this Court. We affirm the judgment of the Trial Court.

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