Mitchell v. Castellaw
Supreme Court of Texas
246 S.W.2d 163 (1952)
Sallie Stapp owned three lots and leased one for a gas station; when she conveyed one lot by warranty deed to Mitchell's (defendant) predecessors, the deed reserved a specifically described driveway strip for access to the gas station lot. Castellaw (plaintiff), who inherited the gas station lot, sued to confirm easement rights over the reserved driveway; the trial court and court of appeals both held the deed effectively created an appurtenant easement, and Mitchell petitioned for review.
Whether, under Texas law, it is necessary to use express terms of art to establish an appurtenant easement in a deed of fee simple title when evidence demonstrates the grantor's intent to establish an appurtenant easement.