Arthur Ray Nicely Et Al. v. Jarrod W. Atkins

This appeal concerns access to a spring on rural land. Arthur Ray Nicely and Henrietta
Nicely (“Plaintiffs,” collectively) sued Jarrod W. Atkins (“Defendant”) in the Chancery
Court for Grainger County (“the Trial Court”) seeking to establish the boundary line
between their respective properties. After a hearing, the Trial Court accepted the opinion
of Defendant’s surveyor as to the boundary line. The spring at issue was determined to be
on Defendant’s land, but the Trial Court also found an easement by implication whereby
Plaintiffs may use water from the spring. Defendant appeals the Trial Court’s finding of
an easement by implication. We find that, while separation of title was proven, the other
elements of an easement by implication, prior use and necessity, were not proven.
Plaintiffs failed to prove any obvious, permanent, or long-established practice of their tract
using water from the spring.