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Houston v. Flory

The deeds at issue were sufficient to pass title to an easement, as they provided a sufficient key to the location of the easement such that extrinsic evidence could be added to determine its precise location.

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In 1998, a father divided approximately 10 acres of land into two parcels and conveyed one each to his son, Earnest Smith, and daughter, Rebecka Flory. The two conveyances included mutual easements over three gravel drives located on the properties, two of which were clearly marked on plats referenced in each deed; the deeds provided only a description of the third gravel drive. Years later, after Michael and Kylie Houston acquired the son’s parcel in a foreclosure sale, a dispute arose as to the location and enforceability of the third easement. Smith and Flory therefore filed suit seeking a declaration of their rights. Upon cross motions for summary judgment by the Houstons and Smith, the trial court ruled in favor of Smith and Flory1 ; the Houstons appeal. For the reasons that follow, we affirm.

On appeal from the grant of summary judgment, appellate courts “conduct a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Shekhawat v. Jones, 293 Ga. 468, 469 746 SE2d 89 2013 citation and punctuation omitted; Ga. Dept. of Corrections v. Developers Sur. Indem. Co., 324 Ga. App. 371, 372 750 SE2d 697 2013.

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