Complaint to Establish Easement

COMPLAINT TO ESTABLISH EASEMENT

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI

PLAINTIFFS

VS.

DEFENDANTS

CAUSE NO.

COMES Plaintiffs, , hereafter and and files this their Complaint to Establish Easement against Defendants, its general partner, and would state in support thereof the following:

1. Defendant, , a Mississippi Limited Partnership, may be served with process by service upon its general partner, Mississippi.

2. Defendant, , general partner of may be served with process at Mississippi.

3. Defendant, is a non-resident corporation who may be served with process at This Defendant holds a lien on the subject property and is a necessary party to this Complaint.

4. Defendants, are residents of County, Mississippi who may be served with process at These Defendants hold a lien on the subject property and are necessary parties to this Complaint.

5. The real property which is the subject of this Complaint is located in County, Mississippi and the Chancery Court of County, Mississippi has jurisdiction over the subject matter of the premises.

6. On or about the , Plaintiff, and Defendant, entered into an agreement providing for an option to purchase certain real property owned by . The property which is the subject of that agreement was divided into parcels, parcels A copy of the Agreement and Exhibit showing the three parcels is attached hereto as Exhibit "".

7. On or about the , Defendant, , exercised its option to purchase Tract and a sale was consummated in which conveyed said property unto A true and correct copy of the Warranty Deed is attached hereto as exhibit "".

8. At the time of the option and conveyance to was the owner of Tracts

9. Defendant failed to exercise the option to purchase Parcel and the option expired.

10. At the time of the purchase of the property by , a portion of the property upon which the option was taken was encumbered by a Deed of Trust to Plaintiff, , said Deed of Trust being recorded in Book at Page in the office of the Chancery Clerk of County, Mississippi, a copy of said Deed of Trust being attached hereto as Exhibit "".

11. released a portion of the property from its Deed of Trust while retaining a lien on the remainder of the property described in its Deed of Trust. A copy of the release is attached hereto as Exhibit "".

12. At the time of the release of the property by , Defendants knew that Plaintiff, , held a Deed of Trust on the remaining property and that when it failed to exercise its option to purchase Parcel , that Plaintiff's land would be landlocked. Defendants knew or should have known that the property retained by Plaintiff was subject to potential landlock.

13. Plaintiffs would state that Parcels are contiguous parcels of property, all formerly owned by .

14. Plaintiffs have no access to or from their property and are landlocked by the property of Defendants described as Parcel . Pursuant to law, Plaintiffs request an easement by necessity over and across the property of Defendant and that said easement be established in accordance with law.

15. Plaintiffs have been awarded no substitute easement from which to access their property.

16. Plaintiffs are entitled to an easement by necessity implied at law or an easement by necessity by applied grant. The Deeds of Trust held by Defendants on the easement so granted should be subject to Plaintiffs' easement rights.

17. Plaintiffs rely, in part, upon the cases of the Mississippi Supreme Court including but not limited to Taylor v. Hayes, 551 So.2d 906 (Miss. 1989), Warwick v. Pearl River Valley Supply District, 246 So.2d 525 (Miss. 1971), and Gulfpark Water Company, Inc. v. First Ocean Springs Development Company, 530 So.2d 1325 (Miss. 1988).

18. Plaintiffs have requested that Defendants comply with the provisions of the law providing that Plaintiffs are entitled to an easement over and across Parcel to the property of Plaintiff but have totally and willfully refused without just cause or excuse. Plaintiff therefore request that the Court award Plaintiffs attorney's fees in an amount to be determined .

WHEREFORE, PREMISES CONSIDERED, Plaintiffs, pray that the Court will enter an Order awarding unto Plaintiffs an implied easement or easement by necessity over and across parcel A owned by Defendants for the use and benefit of Plaintiffs' property described in its Deed of Trust recorded in Book at Page superior to all other rights of the parties.

Plaintiffs further request that the Court award Plaintiffs all costs and all attorney's fees incurred in this proceeding. Plaintiffs pray for such general relief to which they may be entitled.

Respectfully submitted,