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Akers v. Stevenson

Evidence concerning personal or family history, and boundaries of or customs affecting lands in the community, are exceptions to the hearsay rule.

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OPINION

Almost a century ago, Jesse Hollis purchased a forty-four acre tract of land from the Adcock family. To enter his new property, which was partially surrounded by marshland, he routinely crossed over Adcock’s property. His descendants continued to use a path to cross over the Adcock property to reach what was called “Hollis Island” without objection until 1999 when Adcock’s descendant stopped them. Claiming an easement by necessity over the route used by Hollis Island owners to cross the Adcock property, appellees, the current owners of the Hollis forty-four acres, sued the current owner of the Adcock land (“Akers”). After a trial to the court without a jury, the judge entered findings of fact and conclusions of law supporting his judgment that appellees *fn1 were entitled to continue to cross over the Akers’ property.

On appeal Akers contends there is factually insufficient evidence to support the trial court’s grant of an easement by necessity. We are, in effect, asked to deny appellees’ right of passage across Akers’ land. We decline Akers’ request.

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