Legal Opinion

King v. Westbrook

Supreme Court of Alabama

Decided April 21, 1978No. SC 2697PublishedCited by 2 opinions

1Opinion of the Court

ALMON, Justice.

The Kings sought to enjoin the West-brooks from using a service drive which runs across the Kings’ property. The West-brooks claim an easement which gives them the right to use the driveway.

The circuit court denied the injunctive relief, holding that the Westbrooks had an express easement and an implied easement of necessity. We reverse.

The Kings and Westbrooks are next door neighbors in Glenbrook Estates in Birmingham. The Kings own Lot 14 and the West-brooks own Lot 15. Although both lots front on Valleybrook Road, a public road, neither has a separate driveway to…

2Cases cited5 opinions

  1. Guilmartin v. WoodSupreme Court of Alabama · 1884
  2. Darden v. MeadowsSupreme Court of Alabama · 1953
  3. Donehoo v. JohnsonSupreme Court of Alabama · 1898
  4. Bazzell v. CainSupreme Court of Alabama · 1970
  5. Foster v. CarlisleSupreme Court of Alabama · 1909

3Cited by2 opinions

  1. Commonwealth Land Title Ins. v. Ozark Global, L.C.District Court, S.D. Alabama · 1997
  2. Bell v. BellSupreme Court of Alabama · 1991

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