Ward v. Slavecek

466 S.W. 2d 91 (1971)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.