Myers Couple Suing Over Sale Of Home At Fairyland On Lookout Mountain

Thursday, March 30, 2017

A couple is suing in Chancery Court over the sale of a home at Fairyland on Lookout Mountain.

Dan and Debbie Myers are suit attorney David Hawley, trustee of the property at 212 Fairy Trail, and seller Garnet Chapin.

The suit, filed by attorney Bill Horton, says the purchase agreement was entered on Feb. 9. It says the plat book shows the property primarily in Tennessee with a small portion in an area of escarpment of a bluff extending into Georgia.

The complaint says, "At no time prior to execution of the contract did defendants express any intent that not all of the property in question would be sold or that easements across the property would be reserved."

It says that, after the purchase agreement was executed that Mr. Chapin contended that the sale did not include the Georgia portion.

Also, after the purchase agreement was put into place, attorney Hawley executed and recorded a grant of easement for a 30-foot easement through the property for the benefit of Mr. Chapin for construction of a driveway and installation of utilities to the state line, it was stated.

Attorney Horton said the purchase agreement did not allow for the granting of any easements.

The suit says Title Guaranty and Trust prepared a warranty deed, then the defendants instructed the title company to prepare a deed that excluded the Georgia portion and included the easement.

That deed was presented to the Myers couple, who declined to execute it and refused to close the transaction. 

The plaintiffs are seeking a ruling that the sale include the Georgia property and exclude the easement. They are also asking for damages "for the defendants' default." 


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