(DOWNLOAD) "Wiser v. Elliott" by the State of South Carolina In the Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Wiser v. Elliott
- Author : the State of South Carolina In the Supreme Court
- Release Date : January 20, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Plaintiffs brought adverse possession and prescriptive easement claims to obtain legal interests in a strip of land acquired by defendants from a railroad company. The trial court denied plaintiffs summary judgment motion, granted defendants summary judgment motion, and dismissed plaintiffs claims. Based on the undisputed facts in the summary judgment record, we conclude that the trial court correctly denied plaintiffs summary judgment motion and properly allowed defendants summary judgment motion on the basis that plaintiffs could not establish adverse possession of defendants property. However, defendants did not establish the absence of genuine issues of material fact on whether a prescriptive easement existed over that property. We therefore reverse the judgment as to the prescriptive easement claim and otherwise affirm.