Eardley v. McGreevy

Suzanne Eardley appeals from an order of the Fulton County Superior Court denying the existence of an implied easement in favor of Eardley over her neighbor’s property. Finding no error in the trial court’s ruling, we affirm. In 1989, a one-acre tract of land, fronting 150 feet on Jett Road, was conveyed to M. Kenneth McGreevy, as Trustee. In 1997, the Trustee conveyed to Hutchins and Cole a portion of this property, fronting 100 feet on Jett Road, upon which was located a small house the “Eardley property”. The deed did not reference a recorded plat, nor did it make any mention of a gravel drive or any type of easement over the portion of the original tract retained by the Trustee. A plat was prepared at that time which accurately showed by metes and bounds the Eardley property and the tract remaining in the trust the “McGreevy property”. The plat generally showed an existing gravel drive extending from the small house to the west property line of the Eardley property and across the McGreevy property down to Jett Road. No dimensions of the drive were indicated, and the plat was never recorded.

Eardley purchased her property from Hutchins and Cole in 1998, and claims to have received a copy of the plat showing the gravel drive to Jett Road crossing the McGreevy property. The plat was not recorded, nor was it referenced in Eardley’s deed. For a short period of time, Eardley used the drive crossing the McGreevy property to access the house from Jett Road.