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Suntrust Bank v. Fletcher

Owner of property burdened by an easement appurtenant could change the location of ingress to and egress from its property because the language creating the easement expressly reserved that right.

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Suntrust Bank, Atlanta and the Fletcher-Fakhrzadeh partnership “Fletcher” each own separate parcels of property near the corner of a larger tract that includes a shopping mall. Their parcels are located on each side of a third parcel located at the corner of the larger tract; the corner property is not involved in this dispute. Fletcher also owns a small piece of property that used to be part of the mall parking lot, which adjoins both its own and the Suntrust parcel. Suntrust and Fletcher both have rights to use that small parcel but dispute exactly what those rights are. Suntrust filed suit first, and the trial court ruled on cross-motions for summary judgment upholding each parties’ claim of right to use the disputed property in certain ways. Suntrust appeals essentially claiming that the court’s order allows Fletcher to block Suntrust’s use of the property. Fletcher has not cross-appealed.

Resolution of this case requires an examination of the history of the entire large tract. The original roughly triangular-shaped property, once owned by a developer, forms almost a right angle at the corner of Powers Ferry and Terrell Mill Roads in Cobb County. But the small, roughly-square parcel located at that corner did not belong to the developer.

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