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Bob's Ready to Wear, Inc. v. Weaver

Kentucky Court of Appeals

569 S.W.2d 715 (1978)

Relevant factsFree

The Eversoles originally owned two commercial buildings sharing a rear parking lot, with both buildings accessible from the front and from the lot. They sold one building to the Parmans (plaintiffs), who ran Bob's Ready to Wear and also bought an adjoining 20-foot strip behind their store, and sold the other to the Weavers (defendants), while keeping the parking lot itself. When the Weavers later bought the parking lot and fenced off Bob's access to it, the Parmans sued for a declaratory judgment recognizing an implied easement over the lot. The trial court denied the easement, and the Parmans appealed.

IssueFree

Whether a court will find an easement by implication when a commonly owned tract is severed and the grantor intended a particular use benefiting one portion of the property to continue despite the severance.

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