Скачать или смотреть Hillside Development Co. v. Fields Case Brief Summary | Law Case Explained

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Hillside Development Co. v. Fields | 928 S.W.2d 886 (1996)

When purchasing an old home, purchasers likely assume the driveway is included in the sale. Even if the driveway isn’t included in the home’s title or acquired through adverse possession, as we’ll see in Hillside Development Company versus Fields, a visible easement can provide the homeowner access.

Carl Nelson owned a large property. In nineteen sixty-seven, he constructed a house with a basement garage entrance at its northwest corner. However, the only public road with access to the house was on the south side of the property, so Nelson had to circle the house’s front to reach the garage entrance in back. When Nelson died in the nineteen seventies, he left his house, driveway, and land to Shriner’s Hospital. In nineteen eighty-four, Shriners subdivided the property, retaining the house but selling the land and driveway to Hillside Development. Although Shriners’ title documents expressly reserved an ingress-egress easement running along the driveway to the residential lot, the express easement didn’t include a curved portion of the driveway.

In nineteen eighty-seven, Shriners sold the house to Roscoe Fields. Fields’s title noted that he had neither title to nor an express easement to use the curved driveway portion. Fields was aware of this when he completed the purchase, but his Realtor assured him that he at least had a right to use the driveway due to adverse possession. Plus, Hillside seemed to acknowledge this right, given that it specifically exempted the driveway from a prior land sale.

In nineteen ninety-two, Hillside sued Fields in a Missouri state trial court for trespass and ejectment. Fields counterclaimed, seeking declaratory judgment that he had a visible easement. The trial court granted Hillside’s motion for summary judgment. Fields appealed to the Missouri Court of Appeals.

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