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McCumbers v. Puckett | 918 N.E.2d 1046 (2009)
Easements and servitudes give certain people the right to use property that doesn’t belong to them. Often an easement is used to let someone go through another’s property to access land. When neighbors who shared a driveway stopped getting along, the court needed to ease the tension in McCumbers versus Puckett.
Gary and Deborah Puckett had a driveway on the portion of their land that ran along the eastern edge of Roger and Nancy McCumbers’s property. Roger and Nancy used the driveway too.
Years later, Roger and Nancy contracted with Gary to build a garage. Gary knew that the garage door faced the driveway. The garage was nearly finished when Gary quit. Roger and Nancy paid someone to connect the garage to the driveway. Then, Gary threatened to install a fence along his property line, cutting off Roger and Nancy’s access to their garage from the driveway.
Roger and Nancy filed a lawsuit, arguing they had a right to use the driveway through an easement. The court found that Roger and Nancy had an easement by estoppel. The court specified the size of the easement, which extended past the garage by sixteen feet and was over thirty three feet wide. Because of the width, the easement included a strip of grass. Gary and Deborah appealed.
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