HERNANDEZ v. WHITTEMORE

No. A07A1814.

651 S.E.2d 180 (2007)

HERNANDEZ et al. v. WHITTEMORE.

Court of Appeals of Georgia.

August 14, 2007.


Attorney(s) appearing for the Case

Savage, Turner, Pinson & Karsman, Stanley Karsman, Savannah, for Appellant.

Brannen, Searcy & Smith, Charles V. Loncon, Savannah, for Appellee.


BLACKBURN, Presiding Judge.

Following a bench trial, Michael and Marsha Hernandez (collectively "Hernandez") appeal a judgment in favor of John Whittemore declaring that a 1.32 acre strip of Hernandez's land is subject to an easement for access to Whittemore's neighboring property. Hernandez contends that the trial court erred in finding that a plat recorded by his predecessor was sufficient, in the absence of a deed or other instrument, to create the easement. We...

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