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Martin v. Rhodes

Plaintiffs' 25-foot right-of-way was sufficient for full enjoyment of their implied easement across defendant's property.

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The sole issue before the court in this case is the width of an easement. The Sloans and Martin claim they are entitled to an easement of 60 feet across Sarah Rhodes’ property. The trial court found the existing 25-foot right-of-way was sufficient for full enjoyment of the easement and the Sloans had not shown a reasonable necessity for a wider access route to their property. For reasons which follow, we agree and affirm.

This easement was the subject of an earlier case in the Georgia Supreme Court, Martin v. First State Bank &c, 231 Ga. 511 202 SE2d 447 1973. That case sets out the history of the easement and deals with a complaint by Martin, the grantee, against the grantor’s successors-in-title who tried to bar his right-of-way. Originally, the grantor, Davis, sold a one-acre tract of land to Martin.1 The deed for this tract referred to the northern boundary line of the one-acre tract as running 390.68 feet along the south right-of-way of a “proposed street” on land still owned by Davis. Martin, supra at 512. Although the proposed street was not in existence at the time of the conveyance, the court in Martin found that it had been established and in use for several years when the trustees of the Davis estate sought to bar Martin’s use of the easement. Id. at 513. The Supreme Court held that Martin was entitled to use this road as an easement, stating

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