Georgia Landowner Prevails Against Neighbors in Easement Dispute
February 28, 2020 (Newnan, GA) – Carl H. Anderson of Hawkins Parnell & Young won summary judgment on behalf of a plaintiff landowner in a case involving obstructed easement. The ruling came two years after filing suit in Coweta County Superior Court in February 2018.
When Hawkins Parnell & Young’s client acquired easement-burdened property, neighboring landowners obstructed the easement and threatened the purchasers and agents. Plaintiff’s ability to market and sell the property was severely hindered due to relentless obstruction over several years. After discovery, Carl pursued summary judgment on trespass and tortious interference with business relations and sought a permanent injunction and declaratory relief.
Judge Bill Hamrick found that this was an easement appurtenant rather than an easement in gross and that Hawkins Parnell & Young’s client automatically acquired a right to use the easement when purchasing the property. He also permanently enjoined the neighboring landowners from obstructing or otherwise hindering ingress and egress using the easement and required all obstructions to be removed within 10 days. Further, Judge Hamrick found that Defendants were liable to Plaintiffs as trespassers on the trespass count and that they were strangers on the tortious interference count. Trial will be scheduled on the issue of damages for trespass and attorney’s fees.