Tatum v. Green
Alabama Supreme Court
535 So. 2d 87 (1988)
- Written by Colette Routel, JD
Facts
In 1963, Margaret Green’s father purchased land (Greenacre) along with “a perpetual road right-of-way easement” across neighboring land (Blackacre). At the time of this purchase, a local power company was contemplating the creation of a new lake, and its engineers anticipated the lake would flood a portion of Greenacre. Approximately four years later, the power company’s plans came to fruition, and a new lake was created, flooding the portion of Greenacre that connected to the easement. Many years later, Luther and Shelba Tatum and Don and Ray Deena Swain (collectively, the Tatums) (plaintiffs) bought Blackacre, and Margaret Green (defendant) inherited Greenacre. The Tatums sued Green, seeking a declaratory judgement that Green ceased to hold an easement across their property when the lake was formed. The Tatums also sought damages for trespass. The trial court refused to grant declaratory or monetary relief, noting that the parties knew that Greenacre might be flooded when they were creating the easement, and yet they still chose to make that easement “perpetual.” The Tatums appealed to the Alabama Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Almon, J.)
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