1997 WL 215767 (1997)
The case involved a dispute over a roadway by contiguous property owners. Both the roadway, and the properties appurtenant thereto, were originally part of a much greater tract of land acquired by a common title holder more than 80 years ago. Appellants commenced an action asserting a fee simple interest in the roadway. Appellees filed a counterclaim asserting a fee simple interest to the disputed roadway.
The trial court found in favor of appellees and appellants sought review.
- The court found that the case was governed by the original deed, which conveyed a fee simple interest in the 40-acre tract.
- The court found that the language of the deed was sufficiently clear to determine that a fee interest to the disputed roadway was conveyed to the original grantee and continued in the chain of title down to appellants.
- The court held that the trial court erred in its ruling that appellants had only an easement to use this road and that the fee interest therein belonged to appellees.
The court reversed the judgment of the trial court and remanded the case for preparation of an entry showing that appellants were the fee simple owners of the roadway.
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