OF JUDGMENT: 06/19/2017
COUNTY CHANCERY COURT, HON. JOHNNY LEE WILLIAMS JUDGE
ATTORNEY FOR APPELLANT: JOSEPH PAUL PARKER
ATTORNEY FOR APPELLEE: WILLIAM L. DUCKER
Daryl Watts asserts that the Lamar County Chancery Court
erred in granting Earl Jackson Jr. a right of way across
Daryl's family's land because Jackson did not meet
the statutory burden to receive a prescriptive easement. We
agree that all six required elements were not affirmatively
proven. Accordingly, we reverse and render a judgment in
favor of Watts.
AND PROCEDURAL HISTORY
In May 2016, Jackson filed a petition for a mandatory
injunction and damages. Jackson asserted that Daryl was
preventing him from accessing his property located behind the
Watts property. Jackson had previously been accessing his
property by a private road owned and maintained by the
Wattses. After Roscoe and Teresa Watts passed, in settling
Teresa's estate, their children decided to limit use of
the private road to family only. To prevent Jackson from
using the private road, Daryl installed a lock on the gate.
The Lamar County Chancery Court entered a temporary
restraining order against Daryl, ordering Daryl to open the
gate and to stop obstructing Jackson's use of the right
of way until a hearing on the merits could be held.
In June 2017, after a hearing on the merits, the chancery
court ordered that the temporary injunction become permanent
and awarded Jackson attorney's fees in the amount of $1,
Aggrieved, Daryl appealed. On appeal, Daryl argues that the
chancery court erred in granting Jackson a prescriptive
easement and erred in awarding attorney's fees. We agree.
"A chancellor's findings of fact will not be
disturbed unless manifestly wrong or clearly erroneous."
Paw Paw Island Land Co. v. Issaquena & Warren Ctys.
Land Co. LLC, 51 So.3d 916, 923 (¶26) (Miss. 2010)
(internal quotation marks omitted). "However, the Court
will not hesitate to reverse if it finds the chancellor's
decision is manifestly wrong, or that the court applied an
erroneous legal ...