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Thompson v. McDougal

Issues of fact remained as to whether plaintiff used defendants' roads with permission and whether he maintained or otherwise repaired the roads so as to put defendants on notice of his adverse claim.

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Howard and Arlene Thompson appeal the trial court’s grant of summary judgment in favor of Victor McDougal which upheld McDougal’s claim of a prescriptive easement over the Thompsons’ property. The Thompsons assert that there are issues of fact.

Construed in favor of the Thompsons, the facts show that in 1963 McDougal leased property fronting on Lake Burton from Georgia Power Company. The property was not accessible by road at the time but a logging road that ran across the Thompsons’ property came to within 100 yards. At some point in the 1960s, Thompson graded a road or drive to connect the road to the McDougal property. In the late 1960s, Howard Thompson built a new road known as Lunsford Lane near the site of the old logging road. The portion of the road that connects Lunsford Lane to McDougal’s property is now known as Imperial Lane. Imperial Lane runs across the Thompsons’ property; Lunsford Lane crosses the Thompsons’ property at points and at other points runs along the edge of his property and that of other landowners. McDougal initially used the old logging road but has been using Imperial Lane and Lunsford Lane to access his property since they were built. Up until 1984, McDougal only visited the property two or three times a year. After 1984, he and his family visited most weekends each summer and a few other times a year.1

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