Kennedy v. Anderson

• Decision Date: 24 August 2004
• Docket Number: No. 2003-CA-01112-COA.,2003-CA-01112-COA.
• Citation: 881 So.2d 340
• Parties: Ike KENNEDY and Edith Kennedy, Appellants v. Fred ANDERSON, Appellee.
• Court: Mississippi Court of Appeals

881 So.2d 340

Ike KENNEDY and Edith Kennedy, Appellants v. Fred ANDERSON, Appellee.

No. 2003-CA-01112-COA.

Court of Appeals of Mississippi.

August 24, 2004.

Rhett R. Russell, Tupelo, attorney for appellants.

Gary L. Carnathan, Tupelo, attorney for appellee.

EN BANC.

MYERS, J., for the Court.

¶ 1. This appeal involves an easement dispute between adjoining landowners. The dominant estate owner (Anderson) brought suit in the Lee County Chancery Court complaining that the servient estate owners (The Kennedys) prevented him from using an express access easement. The Kennedys filed a counterclaim alleging that Anderson's use of the easement damaged their property. After the hearing, the Kennedys' motion to dismiss was denied and the chancellor dismissed their counterclaim with prejudice. The chancellor also found that neither party was damaged and enjoined each party from interfering with the rights of the other. The chancellor found that a descriptive access easement was established as to Anderson. Finally, the chancellor assessed the Kennedys $1,000 in attorney fees payable to Anderson. Aggrieved by this decision, the Kennedys perfected the present appeal and raise the following issues for our review:

I. WHETHER THE TRIAL COURT ERRED IN AWARDING ANDERSON A DESCRIPTIVE ACCESS EASEMENT ACROSS THE KENNEDYS' PROPERTY SINCE THE CHAIN OF TITLE WAS INVALID

II. WHETHER THE TRIAL COURT ERRED IN FINDING THAT ANDERSON HAD STANDING TO INITIATE THE LITIGATION AT ISSUE

III. WHETHER THE TRIAL COURT ERRED IN FINDING THAT

ANDERSON HAD THE BURDEN OF REPAIRING AND MAINTAINING THE EASEMENT

IV. WHETHER THE TRIAL COURT ERRED IN FINDING THAT ANDERSON HAD A RIGHT TO PARK VEHICLES AND OTHERWISE TAKE DOMINANT POSSESSION OF THE EASEMENT

V. WHETHER THE TRIAL COURT ERRED IN FINDING THAT THE KENNEDYS HAD SUFFERED NO DAMAGES

VI. WHETHER THE TRIAL COURT ERRED IN ASSESSING ATTORNEY FEES AGAINST THE KENNEDYS

VII. WHETHER THE TRIAL COURT ERRED IN DISMISSING THE KENNEDYS' COUNTERCLAIM WITH PREJUDICE

STATEMENT OF FACTS

¶ 2. On July 14, 1997, Ike and Edith Kennedy purchased a piece of real property from Gloria Dallas located in Lee County, Mississippi. The Kennedys' deed stated:

ALSO: Subject to a 20 foot wide access easement being more particularly described as follows: Beginning at a point of beginning of the above description and run West 247.5 feet to paved county road; thence run North along the East side of said county road for 20.0 feet; thence run East for 267.5 feet; thence run South for 20.0 feet; thence run West for 20.0 feet to the point of beginning.

¶ 3. The Kennedys were aware that their property was subject to an express easement. The easement provided for ingress and egress from the county road to an adjacent piece of land known as the Beane property. Since the access easement was parallel and immediately adjacent to her actual driveway, Dallas allowed the owner of the Beane property to use her driveway instead of the easement. The Kennedys continued to allow this practice but soon encountered problems with a former owner of the Beane property, Charles Deloach.

¶ 4. The Kennedys claimed that Deloach was causing deep gullies in their driveway so they asked him to make the necessary repairs. After Deloach refused, the Kennedys informed him that he would have to use the easement to access his property. Thereafter, the Kennedys repaired their driveway, erected a fence, and constructed a drainage ditch. The fence ran parallel with the driveway and easement all the way up to the Beane property. The ditch ran parallel to the fence line.

¶ 5. In 2001, Anderson began to occupy the Beane property and resided there with his family in a mobile home. The Kennedys claim that the surface of the easement was in good condition when Anderson began to occupy the Beane property. The Kennedys informed Anderson that he was to use the easement instead of their driveway.

¶ 6. The area received a lot of rain and the easement became difficult to traverse. The Kennedys asked Anderson to fill the ruts and place gravel on the surface to prevent erosion but Anderson refused. Anderson claims that he was waiting until the summer to do the work.

¶ 7. Instead, Anderson asked the Kennedys to open the fence and allow him access to their driveway until the summer but they refused. Anderson drove a four-wheel drive truck and was able to navigate the easement. Anderson's wife, however, testified that she could not make it all the way to their mobile home without getting her vehicle stuck in the mud so she was forced to park on a somewhat stable portion of the easement and complete her journey by foot. The Kennedys retaliated by placing no parking signs all along the easement but Anderson tore them down. The Kennedys also dug deep holes in the ground where Anderson's wife was parking.

¶ 8. Eventually, the condition of the easement became so bad that no one could use it. Anderson and his family were forced to park near the beginning of the easement at the foot of the county road and walk the entire length of the easement to their mobile home. The Kennedys dug a deep hole at least five feet in length to prevent the Andersons from parking there as well. The Kennedys claimed that this was done solely to prevent flooding. The Kennedys are also accused of barricading the Andersons' vehicles in the easement.

¶ 9. Anderson asked the Kennedys if he could repair the easement but they told him that he would have to submit a plan for approval. Anderson refused and ordered dirt and gravel from the county which was delivered on site. Anderson argued that he attempted to spread the dirt and gravel but Mr. Kennedy physically blocked him. Anderson also argued that Mr. Kennedy placed that same dirt and gravel directly behind the rear wheels of Anderson's wife's vehicle in an attempt to block her in. The Kennedys dispute this fact. They argue that he used the dirt from the holes he dug to construct "speed bumps." Again, the Kennedys contend that the sole purpose of this act was to alleviate flooding.

¶ 10. Unfortunately, the problems between these two neighbors did not end here. In fact, Anderson is accused of threatening Mr. Kennedy on two occasions, mooning Mr. Kennedy, playing loud music, poisoning the Kennedys' cedar trees, and damaging their fence. Not to be outdone, Anderson contends that Mr. Kennedy told him that he had nothing better to do with his time than to mess with Anderson. The record also reveals a picture taken by Anderson's wife that depicts Mr. Kennedy making an obscene gesture with his middle finger. At the hearing, Mr. Kennedy stated that he was merely waving. Anderson accused Mr. Kennedy of spotlighting his mobile home at night. In addition, Anderson contends that Mr. Kennedy pointed a rifle at him and his family. Mr. Kennedy stated that the weapon was a BB gun and that he was using it to kill a cat.

¶ 11. Anderson initiated this litigation by filing a complaint in the Lee County Chancery Court. Anderson argued that Kennedy voluntarily and without cause tried to prevent him from using the express access easement. Anderson argued that these actions caused damaged to his vehicles and sought $20,000 in actual damages as well as $20,000 in punitive damages.

¶ 12. The Kennedys filed a response denying Anderson's allegations and a counterclaim. The Kennedys argued that Anderson's use of the easement and refusal to repair it resulted in damage to their property. The Kennedys contend that Anderson damaged their fence. The Kennedys also contend that Anderson's decision to park his vehicles on the easement was an illegal attempt to take dominant possession of their property. The Kennedys asked for the complaint against them to be dismissed and sought $50,000 in damages.

¶ 13. At the hearing, Anderson first called Mr. Kennedy as an adverse witness. Anderson and his wife also testified. The defense tendered Mrs. Kennedy as their sole witness. At the close of evidence, the Kennedys moved to dismiss the complaint. They argued that there was a break in the chain of title, and as a result, Anderson had no standing to bring the lawsuit. The chancellor denied the Kennedys motion and also dismissed their counterclaim with prejudice.

¶ 14. The chancellor enjoined each party from interfering with the rights of the other and found that neither party was entitled to damages. The chancellor held that a descriptive access easement was established as to Anderson. Finally, the chancellor assessed the Kennedys $1,000 in attorney fees payable to Anderson.

¶ 15. Aggrieved by this decision, the Kennedys filed a notice of appeal with the supreme court which then transferred the case to this Court. After a careful review, we reverse the chancellor's assessment of attorney fees. The decision is affirmed in all other respects.

STANDARD OF REVIEW

¶ 16. This Court follows a limited standard of review when addressing appeals from a chancery court. Buford v. Logue, 832 So.2d 594, 600 (¶ 14) (Miss.Ct.App.2002). "We shall not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous, or there was an application by the chancellor of an erroneous legal standard." Id.

LEGAL ANALYSIS

I. WHETHER THE TRIAL COURT ERRED IN AWARDING ANDERSON A DESCRIPTIVE ACCESS EASEMENT ACROSS THE KENNEDYS' PROPERTY SINCE THE CHAIN OF TITLE WAS INVALID

II. WHETHER THE TRIAL COURT ERRED IN FINDING THAT ANDERSON HAD STANDING TO INITIATE THE LITIGATION AT ISSUE

¶ 17. Since these two issues are so closely related, we will analyze them together. The Kennedys argue that Anderson failed to prove that he was the record owner of title to the easement at issue, and as a result, has no standing to litigate this matter.

¶ 18. There is no dispute as to whether the Kennedys were aware of the fact that their property was subject to an express access easement. There is also no dispute as to whether Anderson's deed contained language of the express access easement. Instead,...