Rogers v. Sain

679 S.W.2d 450 (1984)

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Rogers v. Sain

Tennessee Court of Appeals
679 S.W.2d 450 (1984)

CS

Facts

Oris Sain owned property adjacent to the property of J. G. and Maurine Rogers (plaintiffs). Oris constructed a road that led from a public road to his house on his land at the boundary between his property and the Rogerses’ property. The road was occasionally used by Mr. and Mrs. Rogers, regularly used by the postal service, and substantially maintained and improved by the county for decades. Oris openly declared that he considered the road to be a public road. After Oris’s death, approximately 40 years after he constructed the road, the Sain family (defendants) inherited his property. The Sains began negotiations with Mr. and Mrs. Rogers to purchase part of the Rogerses’ land that was close to the road. When negotiations fell through, Mr. and Mrs. Rogers leased that part of their land to a third party for farming. The Sains then notified Mr. and Mrs. Rogers and their tenant that the road was closed to them. Mr. and Mrs. Rogers filed suit against the Sains, seeking to have the road declared a public road. The lower court held that Mr. and Mrs. Rogers had a right of ingress and egress over the road and that the road had been dedicated by implication as a public road. The Sains appealed.

Rule of Law

Issue

Holding and Reasoning (Franks, J.)

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