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Ward v. Slavecek

Texas Court of Civil Appeals
466 S.W.2d 91 (1971)


Facts

Ward (plaintiff) and Slavecek (defendant) are owners of adjacent lots that used to be one lot. In 1919, before the lot was divided, the common owner built a driveway extending to the garage at the western border of the lot. Along the east border was a public road, and along the west border was an alley. Ward and Slavecek purchased their lots in 1925 and 1928, respectively. Slavecek then built a garage and used the driveway in common with Ward and with Ward’s consent. Then in 1970, Slavecek installed a metal fence which, according to Ward, prevented him from using the driveway and made the garage useless. The fence bisected the property along the driveway. As a result, Ward filed suit to establish an implied easement. The trial court found that Ward could access the garage via the alley and that there was still sufficient space between the gate and Ward’s house to allow vehicular access to his garage from the public road. The court refused to find an easement by implication. Ward appealed.

Rule of Law

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Issue

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Holding and Reasoning (Wilson, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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