Rick A. Hughes and Lisa J. Hughes v. Richard C. Poulton and Annette L. Poulton

Citation: Not availableDocket: M2004-01712-COA-R3-CV

Court: Court of Appeals of Tennessee; October 25, 2005; Tennessee; State Appellate Court

Original Court Document: View Document

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A property dispute arose between neighbors Rick A. Hughes and Lisa J. Hughes, and Richard C. Poulton and Annette L. Poulton, regarding a gate installed across a driveway easement. The Hughes had an easement providing the only access to their residence through the Poultons’ property, which was previously unfenced. The conflict began after a violent encounter between the neighbors' dogs, which led the Poultons to erect a fence with a gate on the boundary line, obstructing the Hughes’ use of the driveway. The trial court ruled that the gate was unnecessary for the Poultons’ use of their property and constituted an unreasonable interference with the Hughes’ right to access their home. The Poultons appealed the decision. The Court of Appeals affirmed the trial court's ruling, noting that while the gate might not have constituted a severe interference, the evidence supported the trial court's conclusion that it was not essential for the Poultons' property enjoyment. The case highlights the tensions that can arise from shared property access and the legal implications of such disputes.

The property division resulted in two separate lots, with an established easement allowing access to the public road across lot 25 for the benefit of lot 26. The easement, documented in Deed Book 381, page 443, dated November 4, 1980, was included in both the conveyance to the Hughes and the Poultons. The easement's dimensions were detailed as 300 feet by 120 feet and was intended to run perpetually with the land. The litigation does not dispute the easement's existence, size, purpose, or validity.

Following a confrontation between the parties' dogs on May 4, 2003, the Poultons began constructing a fence that bordered the property line, which included a gate over the driveway leading to the Hughes' residence. The initial gate width was nine feet, eight inches, allowing for vehicle access. The Hughes filed a lawsuit in Wilson County Chancery Court, claiming the gate interfered with their easement rights and was unnecessary for the Poultons' property. They sought an injunction to prevent interference and to widen the gate, along with a request to restrain the Poultons' dog from roaming onto their property, and pursued punitive damages for alleged malice.

The Hughes also filed for a temporary injunction, citing a medical emergency involving their child that was exacerbated by the narrow gate, which had delayed an ambulance. On November 4, 2003, the court granted this temporary injunction, ordering the Poultons to widen the gate to at least fifteen feet and cease all fence construction until the lawsuit's resolution. A bench trial took place on March 15, 2004, where testimony focused on the earlier dog confrontation and the history of the Poultons' dog entering the Hughes' property. It was acknowledged that the Poultons erected the fence and gate partly in response to the Hughes' concerns about their dog's presence, and that initially, the Hughes had not opposed the fencing idea.

The Poultons did not survey their property before installing a fence, which Mr. Hughes claimed was placed along the property line. The location of the driveway easement was agreed upon, with the Hughes expressing their preference against a gate across it, while wanting to keep their dog, Spice, contained within the Poultons’ property. Mr. Poulton testified about his plans for fencing and possibly acquiring horses, but acknowledged uncertainty about the timeline for these plans. The trial court determined that the Poultons, as owners of the servient estate, needed to prove that the gate across the Hughes’ easement was essential for their property use and did not unreasonably obstruct the Hughes' access. The court found that there were alternative methods to restrain the dog and noted that Mr. Poulton had only partially fenced his property. The judge concluded that the gate would impede the Hughes' access and that the Poultons did not demonstrate necessity for the gate. Consequently, the court prohibited the Poultons from placing a gate on the Hughes' easement, restricted their dog from roaming freely, and mandated a minimum distance between posts along the driveway. The court denied punitive damages, citing a lack of malice from the Poultons. On appeal, the Poultons questioned the trial court's orders regarding the gate and the fence, while the Hughes contended that sufficient malice existed to warrant punitive damages, which the trial court had denied.

In a non-jury trial, a trial court's findings of fact are reviewed de novo with a presumption of correctness unless the evidence suggests otherwise, while conclusions of law are reviewed de novo with no presumption. In Tennessee, a servient estate owner can install a gate over a right-of-way if it is necessary for their enjoyment and does not unreasonably interfere with the dominant estate's passage rights. An easement's deed may explicitly limit such gate use, but a silent deed does not prohibit a gate as long as it does not unreasonably obstruct passage. The existing easement document does not prohibit the Poultons from erecting a gate, and no evidence limits this right.

The court applies a two-part necessity and reasonableness test to determine if the gate interferes with the easement's intended use. While a gate could cause some delay for the Hughes accessing their property, the key issue is whether it hinders their ability to use the easement. Previous rulings indicate that locked gates blocking business access constituted unreasonable interference. If the gate serves to contain the Poultons' dogs, it may not be unreasonable.

The trial court found that the Poultons' planned fencing was insufficient to keep their dogs off the Hughes' property, a conclusion supported by the evidence. Mr. Poulton indicated future plans for perimeter fencing for potential horses but had no immediate plans, leading the court to determine that the current fencing was inadequate to prevent interference with the Hughes' use of their driveway easement.

The trial judge noted that the dog could easily access the Hughes’ property due to the design of the fence. Mr. Poulton indicated he ceased fencing work after a court order prohibited a gate across the Hughes’ driveway, claiming the fencing was ineffective without it. His testimony suggested future fencing plans, but lacked specifics in the appellate record. Consequently, the trial court did not err in concluding the proposed fencing would not adequately serve its intended purpose, rendering the gate unnecessary. 

The Poultons argued that they had the right to build a fence between the properties; however, the trial court ruled that as owners of the servient estate, they could not erect a fence that would block the Hughes from accessing their easement. The court did not prevent the Poultons from building a fence, only from obstructing the Hughes’ use of their driveway.

The Hughes appealed regarding punitive damages, arguing that the Poultons acted with sufficient malice. They claimed the Poultons had no valid reason for the fence. However, trial testimony suggested a need to keep the Poultons’ dogs off the Hughes’ land and indicated initial support from the Hughes for the fencing proposal. The appellate review found no evidence contradicting the trial court’s decision regarding punitive damages. The trial court's decision was affirmed, with costs of the appeal divided equally between the parties.