Fike v. Shelton
Mississippi Court of Appeals
860 So. 2d 1227 (2003)
- Written by Rose VanHofwegen, JD
Facts
James Shelton (plaintiff) purchased 40 acres of property on which he planned to build a vacation home. The parcel had no road access. Shelton brought suit against his neighbor John Fike (defendant), asserting an easement by necessity across Fike’s property to reach the landlocked parcel. Shelton claimed that unity of title existed between the properties because one common owner had owned half of Shelton’s parcel and all of Fike’s parcel. Fike argued that Shelton did not need to cross Fike’s land to access the landlocked parcel because Shelton’s two other neighbors had granted Shelton access through their properties. However, the other neighbors gave Shelton only limited permission to cross their properties. The trial court granted Shelton an easement by necessity. Fike appealed.
Rule of Law
Issue
Holding and Reasoning (Chandler, J.)
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