ROBERT L. DAVIS, ET AL. v. KAREN EDWARDS, ET AL.

This appeal concerns a driveway easement. Robert Davis and Lala Davis (“Plaintiffs,” collectively) sued their neighbor Karen Edwards (“Edwards”) in the Circuit Court for Bradley County (“the Trial Court”) to enforce an oral agreement whereby Edwards agreed to build her own driveway on her property. Edwards had been using Plaintiffs’ driveway under the terms of the Driveway Easement and Maintenance Agreement (“the DEMA”), an express easement agreed to by Plaintiffs and Jeanette Schlaeger (“Schlaeger”), the previous owner of Edwards’ property. After a hearing, the Trial Court found that Edwards had reached a verbal agreement with Plaintiffs to build her own driveway, and that she must build it. Plaintiffs filed a motion for additional findings asking that the DEMA be terminated even though that was not an issue at trial. The Trial Court granted Plaintiffs’ motion on grounds that the DEMA was meant to be temporary despite the DEMA’s unambiguous language to the contrary. Edwards appealed. Subsequently, Joe Hamby and Amber Hamby (“Defendants”) bought Edwards’ property and were substituted as appellants. We hold, inter alia, that the DEMA is permanent and runs with the land. The Trial Court abused its discretion in granting Plaintiffs’ motion for additional findings. We reverse the Trial Court’s judgment nullifying the DEMA.