KENNEDY v. BEDENBAUGH

No. 25553.

352 S.C. 56 (2002)

572 S.E.2d 452

Dan B. KENNEDY and Christine Marilyn Kennedy, Petitioners, v. George C. BEDENBAUGH, Respondent.

Supreme Court of South Carolina.

Decided November 12, 2002.


Attorney(s) appearing for the Case

Kenneth W. Ebener, of Moore, Taylor, & Thomas, P.A., of West Columbia, for petitioners.

Joseph W. Hudgens, of Pope & Hudgens, of Newberry, for respondent.


Justice MOORE:

We granted this petition for a writ of certiorari to determine whether the unity of title needed to establish an easement by necessity can exist where a person owns one tract of land in fee simple and an adjoining tract of land with another person as tenants in common. We find unity of title is not so established and affirm the Court of Appeals.

FACTS

Petitioners and respondent are adjoining landowners of property. Respondent's tract...

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