Kelley v. Snyder
722 S.E.2d 813, 396 S.C. 564 (2012)
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Rule of Law:
A prescriptive easement is established by showing (1) continued and uninterrupted use of a defined right for twenty years, and (2) that the use was either adverse or under a claim of right. The twenty-year period can be met by 'tacking' on the period of use by a predecessor in title if there is privity between the users.
Facts:
- The Rasts, predecessors to the Snyders, used a road on what would later become Thelease Kelley's property to access their farmland, widening it in the mid-1960s for farm equipment.
- Thelease Kelley purchased his property in 1977, and his deed did not mention that the property was subject to an easement.
- Starting around 1978, Lee Snyder began using the road to access the land for hunting while renting it from the Rasts.
- On June 29, 1989, Lee and Harry Snyder (Respondents) purchased the property from the Rasts. Their deed purported to convey an easement for the 20-foot access road.
- After their purchase, the Snyders continuously used and maintained the road to access their property, eventually erecting a gate on it.
- Kelley, who lived out of state, was aware of the Snyders' use of the road but never gave them explicit permission, nor did he ever forbid them from using it.
- The Snyders exercised control over the road by telling loggers and a farmer, who were on Kelley's land with his permission, that they preferred them not to use it.
- When Kelley discussed the gate with the Snyders, he asked them to move it but did not demand they cease using the road. The Snyders refused to move the gate to their property line, asserting they had an easement.
Procedural Posture:
- Thelease Kelley filed a complaint against Lee and Harry Snyder in a South Carolina court of first instance, seeking an injunction to stop them from using a road on his property.
- The Snyders filed an answer and a counterclaim, asking the court for a declaratory judgment that they had obtained a prescriptive easement over the road.
- By consent of the parties, the matter was referred to a master in equity for a final decision.
- The master in equity issued an order granting the Snyders a prescriptive easement to use the roadway.
- Kelley filed a motion to reconsider, which the master in equity denied.
- Kelley (Appellant) appealed the master's final order to the Court of Appeals of South Carolina.
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Issue:
Does the use of a road on another's property for just under nineteen years by a landowner, when combined with the prior owner's use under similar circumstances, establish a prescriptive easement over that property?
Opinions:
Majority - Short, J.
Yes. A prescriptive easement is established when a landowner's period of use, though less than the statutory 20 years, is combined with a predecessor's period of adverse use or use under a claim of right, a practice known as tacking. To establish a prescriptive easement, a claimant must show (1) continued and uninterrupted use for twenty years, (2) identity of the thing enjoyed, and (3) use that is either adverse or under a claim of right. The Snyders' use was uninterrupted because Kelley's requests regarding the gate did not constitute an overt act or verbal threat sufficient to convey non-acquiescence. The use was under a claim of right because the Snyders' deed from the Rasts explicitly referenced an easement, giving them a substantial belief they had the right to use the road. Although the Snyders had used the road for just under nineteen years, they were permitted to 'tack' the Rasts' prior period of use to theirs to satisfy the twenty-year requirement because there was privity through the transfer of the estate. The use was also presumed adverse because it was open, notorious, and continuous, and Kelley failed to rebut this presumption by presenting evidence that he had granted permission.
Analysis:
This decision reaffirms the core principles of establishing a prescriptive easement in South Carolina, with a particular focus on the doctrines of 'tacking' and 'claim of right.' It clarifies that a user's substantial, good-faith belief in their right to use the land, especially when supported by language in a deed, is sufficient to satisfy the 'claim of right' element, regardless of the deed's actual legal validity. Furthermore, the ruling emphasizes that a servient landowner must take clear, overt actions to interrupt the prescriptive period; mere conversations or questioning of the use are legally insufficient. This case provides a valuable precedent for situations where a single owner has not personally met the 20-year use requirement, solidifying 'tacking' as a key tool for claimants.
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