Monday, January 6, 2014

Ward v. Slavecek case brief

Ward v. Slavecek case brief summary
466 S.W.2d 91 (1971)

CASE SYNOPSIS
Plaintiff landowner sought review of a judgment of the 18th District Court, Johnson County, Texas, which rendered a take-nothing judgment in favor of defendant adjacent landowners and concluded that plaintiff did not establish a right to an implied easement over defendants' property.

PROCEDURAL HISTORY
The lower court rendered a take-nothing judgment in favor of defendant adjacent landowners and concluded that plaintiff landowner did not establish a right to an implied easement over a driveway on defendants' property.

DISCUSSION

  • On appeal, the court affirmed and held that plaintiff did not establish an implied easement as a matter of law because the easement was not strictly necessary to the use of the dominant estate. 
  • The court noted that there was evidence that plaintiff could access her garage without using defendants' driveway.

CONCLUSION
The court affirmed the take-nothing judgement in favor of defendant adjacent landowners and held that plaintiff landowner did not establish an implied easement as a matter of law because the easement was not strictly necessary to the use of the dominant estate where there was evidence that plaintiff could access her garage without using defendants' driveway.

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