Hilley v. Lawrence

• Decision Date: 19 June 2009
• Docket Number: No. 2007-320-Appeal.,2007-320-Appeal.
• Citation: 972 A.2d 643
• Parties: William A. HILLEY, et al. v. Stephen T. LAWRENCE.<SMALL><SUP>1</SUP></SMALL>
• Court: Rhode Island Supreme Court

972 A.2d 643

William A. HILLEY, et al. v. Stephen T. LAWRENCE.¹

No. 2007-320-Appeal.

Supreme Court of Rhode Island.

June 19, 2009.

Jeremiah R. Leary, Esq., Tiverton, for Plaintiff.

James P. Marusak, Esq., Providence, for Defendant.

Present: GOLDBERG, Acting C.J., FLAHERTY, SUTTELL, ROBINSON, JJ., and WILLIAMS, C.J. (ret.).

OPINION

Acting Chief Justice GOLDBERG, for the Court.

This case came before the Supreme Court on May 6, 2009. The defendant, Stephen T. Lawrence (defendant or Lawrence), and the plaintiffs, William A. Hilley and Toni Lynn Hilley (collectively plaintiffs or Hilleys), own adjacent undeveloped lots in a subdivision in the Town of Tiverton.² The plaintiffs claimed that the defendant does not have the right to pass over their land to gain access to his property from a right-of-way within the subdivision, and sought to enjoin him permanently from crossing over their land. A trial justice of the Superior Court, sitting without a jury, found in favor of the plaintiffs, and the defendant appealed. For the following reasons, we affirm the judgment of the Superior Court.

Facts and Travel

The subdivision under review in this case was recorded on June 29, 1942, in a plan entitled the Sunderland Plan (Sunderland Plan or plan).³ The plan sets out twelve lots, with ten lots numbered one through ten, and two unnumbered lots that are labeled "Sunderland." The Hilleys purchased the two unnumbered lots (Hilley land) on September 15, 1983, and Lawrence purchased lot No. 6 (Lawrence land or subject parcel) on May 19, 1998. The Hilley land is bounded in part by the Lawrence land and separates lots No. 6 and No. 7 from the remaining lots in the subdivision. The Hilley land and the subject parcel also have frontage on Riverside Drive, a public street in Tiverton. The evidence disclosed a steep slope between the paved portion of Riverside Drive and the subject parcel; an old staircase leads from the roadway to the top of the slope of the property.

In addition to the lots on the Sunderland Plan, there is a right-of-way labeled "Drive," which is demarcated by dashed lines. The parties refer to this right-of-way as Sunderland Drive, and we shall do the same. Sunderland Drive leads into the plat from Riverside Drive through the southwest corner of the Hilley land, curves north, and continues through the middle of the subdivision. Sunderland Drive abuts all the lots on the Sunderland Plan except for the Lawrence land and the adjacent lot No. 7, which also has access from Riverside Drive. With respect to the right-of-way through the Sunderland Plan, the source deeds from the Sunderlands to all the lots, except for lot No. 7, contain the following language:

"That portion of the above described premises which lies within the boundary lines of a drive shown upon a plan entitled `Plan of Property in Tiverton, R.I. surveyed for George S. and Catherine B. Sunderland, June 29, 1942, H.J. Harvey, C.E.' is subject to a right of way over under and across the same for all purposes, extending from the boundary line of Barker Heights, so-called, southerly and westerly to the Town or Public highway, which said way shall remain open and unobstructed forever for the benefit of the grantors, their heirs and assigns, and the owners of all other land shown upon said plan, their heirs and assigns. Hereby granting to the grantees herein a right of way for all purposes over, under and across said drive, extending from the boundary line of Barker Heights, so-called, southerly and westerly to the Town or Public highway."

The genesis of this not-so-neighborly feud is Lawrence's claim that he is entitled to use Sunderland Drive for vehicular access to his property over and across the Hilley land. The Hilleys contend that Lawrence must pass over their property for ingress and egress from Sunderland Drive; and, they argue, defendant does not have a right to do so. In November 2001, after having their land surveyed, the Hilleys erected a fence on their property to block access to the subject parcel from Sunderland Drive and their land. On July 19, 2003, the Hilleys returned from vacation to find that Lawrence had removed both the fence and a recently planted garden and had constructed a driveway, across the Hilley land, from his lot to Sunderland Drive.

The Hilleys filed the present action on July 25, 2003. They sought to enjoin Lawrence from passing over their land to access his lot. They also requested damages for trespass. The defendant counterclaimed that his right of access was derived from his deed that expressly grants the owner of lot No. 6 an easement to use Sunderland Drive. Alternatively, defendant claimed easement rights to pass over the Hilley land to reach Sunderland Drive based on theories of an easement by implication, prescription, acquiescence, or necessity.

The trial justice heard testimony about the historical use of the Lawrence land. Three witnesses, all of whom had lived in the area or visited it regularly for more than forty-five years, described a narrow foot path across the Lawrence land. However, none of them recalled a driveway on the property or cars parked on the Lawrence land.⁴

The parties testified about the more recent use of the Lawrence land. According to Mr. Hilley, Matthew and Frances Shea, the previous owners of the subject parcel from 1972 until 1998, were "very good friends [and] great neighbors." He explained that he gave the Sheas "carte blanche" permission to pass over his land to reach the subject parcel. The defendant, on the other hand, testified that before he bought the lot, evidence of vehicular traffic from Sunderland Drive was apparent. He was informed by the real estate agent and the seller, the Sheas' son, that he could pass over the Hilley land to gain access to the subject parcel. However, Lawrence neither asked for nor received permission from the Hilleys to do so.

Two professional land surveyors, Richard Lipsitz and Joseph Marrier, both testified that the use of dashed lines to demarcate Sunderland Drive on the Sunderland Plan indicated that the lines represented an approximate location of the right-of-way rather than a fixed boundary. The surveyors also reviewed an aerial photograph of the area taken in 1939 that was introduced by defendant; each testified that it appeared to show a small driveway in the same area where Lawrence had built his driveway. When questioned about access from Riverside Drive, both witnesses agreed that it was possible to build a driveway, but, according to Lipsitz, it would necessitate excavating the area and constructing retaining walls. William Smith, an engineer retained by defendant, testified about several house plans that he had drafted at defendant's behest, including a plan with a driveway for the Lawrence land. One plan showed two potential locations for a driveway, one of which led directly from Riverside Drive to a garage under the proposed dwelling. The alternative plan depicted access to the property from Sunderland Drive.⁵

The trial justice issued a written decision on June 29, 2007, and judgment was entered on July 20, 2007. In her decision, the trial justice first rejected Lawrence's claim that his deed grants a right of access from Sunderland Drive because she found that the boundary lines of the deeded right-of-way, as set forth on the plan, did not abut the Lawrence land. Next, the trial justice determined that, although the evidence disclosed that the Sheas crossed the Hilley land for vehicular access to the subject parcel, they did so with plaintiffs' express permission, a circumstance that defeated defendant's claims to easements by prescription and acquiescence as a matter of law.

The trial justice also found that there was no easement by necessity because the evidence demonstrated that the lot could be accessed from Riverside Drive, albeit at some expense. Furthermore, the trial justice rejected Lawrence's argument that he was entitled to an easement by implication because she found that there was no evidence that the original grantors intended to reserve an easement for the benefit of the Lawrence land. Finally, the trial justice denied plaintiffs' request for damages because they failed to present sufficient evidence of the amount of damages suffered.⁶ The defendant timely filed a notice of appeal.

Standard of Review

This Court will reverse the decision of a trial justice to grant or deny a permanent injunction only "when it can be shown that the trial justice misapplied the law, misconceived or overlooked material evidence or made factual findings that were clearly wrong." Holden v. Salvadore, 964 A.2d 508, 512-13 (R.I.2009) (quoting Renaissance Development Corp. v. Universal Properties Group, Inc., 821 A.2d 233, 236 (R.I.2003)). This Court's review of the factual findings of a trial justice sitting without a jury is deferential. Grady v. Narragansett Electric Co., 962 A.2d 34, 41 (R.I.2009) (citing Manchester v. Pereira, 926 A.2d 1005, 1011 (R.I.2007)). We accord the same deference to the "resolution of mixed questions of law and fact, as well as the inferences and conclusions drawn from the testimony and evidence * * *." Providence Lodge No. 3, Fraternal Order of Police v. Providence External Review Authority, 951 A.2d 497, 502 (R.I. 2008) (quoting Wickes Asset Management Inc. v. Dupuis, 679 A.2d 314, 317 (R.I. 1996)). However, we review de novo a trial justice's rulings on questions of law. Grady, 962 A.2d at 41 (citing Manchester, 926 A.2d at 1011).

Analysis

On appeal, defendant assigns error to the trial justice's finding that he does not have a right of access from Sunderland Drive, and he further argues that the trial justice overlooked material evidence that established his right to pass over the Hilley land to reach Sunderland Drive. First, defendant contends that his deed expressly grants him a right of access from Sunderland Drive. Alternatively, he claims that the evidence presented at trial established...