Irvin v. Laxmi, Inc.

Fletcher, Presiding Justice.

In this appeal, adjoining property owners dispute the scope of express easements to a private alley and a parking lot. The trial court ruled that Laxmi, Inc., as holder of the easement, may bury a propane tank in the alley and erect curbing in the parking lot. Because the easements do not grant the unrestricted right to construct curbing and the trial court did not determine the alley’s location, we reverse and remand.

In 1967, Irvin’s predecessor-in-title conveyed by warranty deed a 0.18-acre lot and easement to Laxmi’s predecessor-in-title to permit a motel…