Martinez v. Martinez

OPINION

EASLEY, Justice.

Appellant brought suit for declaratory relief and for damages involving a claimed easement for ingress and egress over appellee’s land. At the close of appellant’s case, the claim was dismissed by the trial court. We reverse and remand.

The question is whether appellant has an easement under the circumstances. He bases his claim on any of three alternative theories: by express grant, by implication, or by necessity.

Abutting tracts of land are owned by the parties to the suit. Both parties gained title to the southern portions of their tracts from their father some years…