Boyd v. BellSouth Telephone Telegraph Co., Inc.

Facts

BellSouth Telephone Telegraph Co., Inc. (Defendant) owned a parcel of land in Denmark, South Carolina. The parcel was bound on three of its sides by public streets. A three-story building sat on the front portion of the parcel. Defendant later built a driveway extending from the double doors at the back of the building to the street behind the home. In 1988, Defendant divided the parcel in two and sold the front lot to the City of Denmark (the City). The City used the property, including the driveway, for about three years before conveying the property to Caroline Boyd’s (Plaintiff’s) husband. Plaintiff’s husband then conveyed the lot to Plaintiff for Plaintiff’s antique business. Part of the Boyds’ decision to purchase the property was based on the accessibility of the driveway. For years, Plaintiff used the driveway to receive deliveries that were too large to receive through the front entrance. However, after the terrorist attack in 2001, Defendant decided to increase security by installing a fence around its lot. The fence ran along Plaintiff’s back property line and cut off her access to the driveway. Plaintiff sued Defendant, arguing that she possessed an easement by necessity or by pre-existing use. A special referee heard the case and granted summary judgment in Defendant’s favor.