WARD V. SLAVECEK, 466 S.W. 2d 91 (1971) CASE BRIEF

WARD V. SLAVECEK

466 S.W. 2d 91 (1971)

NATURE OF THE CASE: This was a dispute over an implied easement.

FACTS: Ward (P) and Slavecek (D) owned adjacent lots and title was derived from a common predecessor in title who build a driveway centered in the east west division line between the two lots to serve as an approach to his garage. D's predecessor constructed a garage on his lot and began to use the original driveway in common with his neighbor and with consent. In 1970, D then built a fence which divided the driveway that makes P's use of the driveway and garage worthless; (allegedly). P sued for an implied easement. The trial court denied that request.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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