Alan Haag v. Wilson Properties, LLC, and John Owen Wilson (Appeal from Dale Circuit Court: CV-22-900063).

Summary

The Supreme Court of Alabama affirmed the circuit court's judgment granting Wilson Properties, LLC, and John Owen Wilson a permanent constructive or implied easement over approximately 0.68 acres of Alan Haag's property affected by Wilson's encroachments. The judgment rested on evidence that Haag knew Wilson was constructing improvements near the property boundary and did not object before the encroachment was discovered. Justice Sellers specially concurred, agreeing with the affirmance but expressing concern that an easement might be less equitable and less permanent than requiring a conveyance of the encroached-upon land or another compensatory remedy.