Milton couple says neighbors are trespassing

By Kyla Asbury | Aug 23, 2012

HUNTINGTON – A Milton couple is suing their neighbors after they claim the neighbors have continually trespassed onto their property.

Tony Waugh and Stephanie Waugh are owners of real estate located in Milton adjacent to property owned by Carlos and Wanda Hensley, according to a complaint filed Aug. 6 in Cabell Circuit Court.

The Waughs claim the Hensleys have engaged in the interference and blocking of the real estate for an extended period of time and during the course of everyday use, the Hensleys have intentionally and repeatedly trespassed upon the property, blocked the driveway and harassed third parties attempting to deliver packages or visit the Waughs, despite requests to refrain from such trespassing.

The trespasses to the Waughs property has been numerous and repeated and promise to be continuous under the circumstances making it improbable that damages can be recovered except through a multiplicity of lawsuits, according to the suit.

The Waughs claim the have been and will continue to be deprived of their right to quiet enjoyment of their property by trespassing conduct of the Hensleys unless injunctive relief is granted.

The willful and intentional acts of trespass by the Hensleys are beyond dispute, according to the suit, and the title of the Waugh property is clear and is not in dispute.

The Waughs claim the numerous intentional acts of trespass have occurred for the convenience of the Hensleys and in complete disregard for the rights of the Waughs.

The Waughs are seeking for the court to grant an injunction prohibiting the Hensleys and/or their agents from entering upon the property and for an order requiring the Hensleys not to block the easement as it creates a safety hazard on the Waughs' property. They are being represented by David R. Tyson.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 12-C-505

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