Ward v. Slavecek
Texas Court of Civil Appeals
466 S.W.2d 91 (1971)
Relevant factsFree
After a formerly single lot with a driveway to a garage was divided, neighboring owners Ward (plaintiff) and Slavecek (defendant) shared use of the driveway for decades until Slavecek installed a fence bisecting it in 1970, which Ward claimed made his garage inaccessible; the trial court found Ward could still reach the garage via an alley and via sufficient remaining space between the fence and Ward's house allowing access from the public road, and declined to find an implied easement.
IssueFree
Whether an implied easement will be created only if the easement is strictly necessary for the use of the dominant estate.