GLENN R. BURKEY ET AL.
GEOFF POST ET AL.
Assigned on Briefs June 1, 2017
from the Chancery Court for Marion County No. 7779 Jeffrey F.
case, the plaintiffs sued the defendants for constructing a
gate that interfered with their use of an existing gravel
road located on the defendants' farm. According to the
plaintiffs, access to their property required use of the
gravel road. The gravel road in question crosses two separate
tracts owned by the defendants and runs southwest to
northeast from a state highway through the defendants'
farm and then east to west through another tract. Although
the plaintiffs claimed that the easement was fifty-feet in
width along its entire length, the court found that the
section of the road running through the defendants' farm
was a public road with a width of only twelve feet. The court
also denied the plaintiffs' request for discretionary
costs. The plaintiffs appeal the court's finding
concerning the width of the public road and the denial of
discretionary costs. Discerning no error, we affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Keith Davis, Dunlap, Tennessee, for the appellants, Glenn R.
Burkey and Pamela Burkey.
Harvey Cameron, Jasper, Tennessee, for the appellees,
Geoffrey Post and Nancy Post.
L. Bibb III and Erika R. Barnes, Nashville, Tennessee, for
the appellee, Land Trust for Tennessee, Inc.
Neal McBrayer, J., delivered the opinion of the court, in
which John W. McClarty and Arnold B. Goldin, JJ., joined.
NEAL McBRAYER, JUDGE
Post and his wife Nancy Post own a 446.2-acre farm in Marion
County, Tennessee. They acquired the farm from Holland M.
Ware on February 6, 2004.
north of the Post farm lies the "Hargiss Property,"
which is composed of three separate tracts. From west to
east, these tracts are identified as Tract Two, Tract One,
and Tract Three. At one point, Mike Cardin owned all three
tracts, but he later transferred each tract to different
owners. Over time, the Posts came to own Tract One and Tract
Three of the Hargiss Property. Tract Two, the westernmost
tract of the Hargiss Property, is now owned by Glenn R.
Burkey and his wife, Pamela Burkey.
to the Burkeys, access to Tract Two requires the use of an
existing gravel road that crosses both the Post farm and
Tract One. Specifically, from State Highway 156, they must
travel northeast through the Post farm along the gravel road
up to a gate located at Tract One. Then, they must travel
west across Tract One along a connecting gravel road, which
leads to the southeastern corner of their property, Tract
drawing below shows the general location of the properties,
as well as the approximate ...