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Home / Courts / Real Property – Easement by Necessity – Prior Location – Past Violence (access required)

Real Property – Easement by Necessity – Prior Location – Past Violence (access required)

Jernigan v. McLamb For years, plaintiff had permission to use a path across defendants’ property; however, after defendant McLamb revoked such permission, plaintiff intentionally broke a taillight on McLamb’s vehicle, and plaintiff was convicted of injury to personal property and ordered not to contact McLamb. The history of violence and turmoil between the parties justified the trial court’s refusal to locate plaintiff’s easement over McLamb’s driveway and next to McLamb’s home.

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