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WARD v. EVANS

No. 4653.

387 S.C. 401 (2010)

693 S.E.2d 7

Toni M. WARD and J.W. Ward, Respondents, v. Toni Cooke EVANS, David A. Nexsen, Winyah Nursing Home, LLC, and Sentry Bank and Trust, Defendants, of whom Toni Cooke Evans and David A. Nexsen are Appellants.

Court of Appeals of South Carolina.

Decided March 10, 2010.

Rehearing Denied May 27, 2010.

Attorney(s) appearing for the Case

E. Leroy Nettles, Sr., and Marian D. Nettles, both of Lake City, for Appellants.

Brooks R. Fudenberg, of Mt. Pleasant, William M. O'Bryan, Jr. of Kingstree, and Gregory B. Askins, of Hemingway, for Respondents.

SHORT, J.

Toni Cooke Evans and David A. Nexsen (collectively, Appellants) appeal from the special referee's order awarding an easement to Toni M. Ward and J.W. Ward (collectively, Respondents), arguing the special referee erred in finding (1) Respondents have a thirty-foot easement by express grant across Evans' land; (2) Respondents have an easement by necessity across the lands owned by Appellants; (3) the paved portion of Nathan Road running adjacent to Evans'...

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