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SMYTH v. BRATCHER

No. 2050553.

962 So.2d 842 (2007)

Mark SMYTH v. Wade BRATCHER.

Court of Civil Appeals of Alabama.

Rehearing Denied January 5, 2007.

Attorney(s) appearing for the Case

Albert H. Adams, Jr., Eufaula, for appellant.

Robert L. Bowden, Clayton, for appellee.

CRAWLEY, Presiding Judge.

Mark Smyth currently resides at 41 Lugo Road. Before moving to 41 Lugo Road in late 1999, Smyth lived at 115 Lugo Road; that house, which Smyth had lived in since 1985, burned down. Wade Bratcher now lives at that location, in a new house he constructed, having purchased the land from Smyth's family members in 2005. Smyth had always used a dirt road named Lugo Road for ingress and egress to both properties. Lugo Road crosses Bratcher's property...

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