Rogers v. Roach, No. M2011-00794-COA-R3-CV, 2012 Tenn. App. LEXIS 402 (Tenn. Ct. App. Jun. 19, 2012)

(property owner brought claim to determine width of gravel road that provides only ingress and egress to land and for interference with owner's right to use road; easement had been in place for eighty years and landowners’ right to easement by implication not at issue; defendant landowner installed posts next to road that restricted plaintiff’s use for pulling horse trailer down road; plaintiff sought to have easement widened to forty feet and damages for interference with use of road; trial court ruled on directed verdict that no evidence existed that easement should be forty feet or that defendants had interfered with plaintiff’s use of road by installing fence posts; court dismissed plaintiff’s suit; plaintiff appealed; appellate court affirmed holding that plaintiff not entitled to forty-foot easement for lack of evidence; court, however, overturned dismissal of plaintiff’s interference claim; court found plaintiff presented evidence that she had used her property for riding horses and had pulled trailers to and from her property for many years prior to the erection of the posts; plaintiff also presented evidence that posts were too close to road for her to continue to use the road in this manner and the posts do not actually enclose anything and were installed in retaliation for a previous legal suit against landowners, which established necessary elements of claim; case remanded to trial court for further proceedings regarding interference and other unresolved issues).