Palmer v. R. A. Yancey Lumber Corp.Annotate this Case
The Supreme Court affirmed the judgment of the circuit court approving modifications to an easement by necessity crossing Joanna Palmer’s property. The circuit court approved the modifications after finding that they were reasonably necessary for the beneficial use of property owned by R. A. Yancey Lumber Corporation (Yancey). On appeal, Palmer argued that the circuit court erroneously granted Yancey the right to modify its easement by necessity because the modifications will unlawfully increase the width of an established easement by necessity. Alternatively, Palmer argued that the court erred by granting Yancey the right to modify the easement in order to use tractor-trailers extending over a road because this will unreasonably increase the burden on the Palmer property. The Supreme Court held (1) under the “reasonable necessity rule,” the width of an existing easement by necessity may be expanded without the consent of the servient landowner, but modifications to such easements must not create unreasonable burdens on the servient estate; and (2) the circuit court’s grant to Yancey the right to make modifications to widen its easement by necessity for use by tractor-trailers was neither plainly wrong, nor without evidence to support it.