Gooldy v. The Storage Center

The issue this case presented for the South Carolina Supreme Court’s review centered on whether Petitioner David Gooldy was entitled to an implied easement where his deed incorporated by reference a plat that indicated a road, marked "50' Road," bordered the adjoining property owned by Respondent Storage Center-Platt Springs, LLC (Storage Center). The master-inequity held Gooldy was entitled to the presumption of an implied easement, which the Storage Center failed to rebut, but the court of appeals reversed, holding the presumption did not apply and that no evidence supported the master's order. The Supreme Court concluded the appellate court erred in its conclusion that the master’s decision was not supported by evidence in the record. The Court determined parties to the 1986 conveyance intended to create an easement. The implied easement encumbered the Storage Center's property as the Loflin Plat was duly recorded in its chain of title. The master’s order was reinstated. View "Gooldy v. The Storage Center" on Justia Law