Boyd v. BellSouth Telephone Telegraph Co., Inc.

BellSouth Telephone Telegraph Co., Inc. (BellSouth) (defendant) originally owned an entire parcel bordered on three sides by public streets, with a building at the front and a driveway it built running from the building's back doors to the rear street. In 1988, BellSouth split the parcel, selling the front lot (with the building) to the City of Denmark, which used the driveway for about three years before conveying the lot onward, eventually to Caroline Boyd (plaintiff), who ran an antique business there and relied on the driveway for large deliveries that couldn't fit through the front entrance. After the September 11 attacks, BellSouth fenced its remaining lot for security, cutting off Boyd's access to the driveway. Boyd sued, claiming an easement by necessity or by pre-existing use; a special referee granted BellSouth summary judgment on both theories.