This section contains the nature of the case and procedural background.

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.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.