Smallwood v. Lee

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Carol Reid Smallwood, Barbara Reid Strickland, Ann
Reid Hamlin, William L. Reid, III, Judith Lawrence
Medlin, and Frances Patterson Lawrence, Appellants,

v.

Helen M. Lee, Linda Lee and Joe Lee, Jr. as Co-Trustees
of the Joseph H. Lee, Sr. Family Trust U/W,
Respondents.

Appellate Case No. 2013-001386

Appeal From Fairfield County
Brooks P. Goldsmith, Circuit Court Judge

Unpublished Opinion No. 2014-UP-398
Heard October 14, 2014 – Filed November 12, 2014

AFFIRMED

John Evans James, III, of Winnsboro, for Appellants.

James W. Boyd, of Rock Hill, for Respondents.

PER CURIAM: Carol Reid Smallwood, Barbara Reid Strickland, Ann Reid
Hamlin, William L. Reid, III, Judith Lawrence Medlin, and Frances Patterson
Lawrence appeal the ruling of the trial court denying their claim for a prescriptive
easement against Helen M. Lee, Linda Lee, and Joe Lee, Jr., as Co-Trustees of the
Joseph H. Lee, Sr. Family Trust U/W. We affirm.

We find the trial court did not err in denying Appellants' claim for prescriptive
easement due to their permissive use of Respondents' property. See Paine Gayle
Props., LLC v. CSX Transp., Inc., 400 S.C. 568, 584, 735 S.E.2d 528, 537 (Ct.
App. 2012) (stating that use by express or implied permission cannot ripen into a
prescriptive easement).

AFFIRMED.

HUFF and KONDUROS, JJ., and CURETON, A.J., concur.