Ferguson Ranch, Inc. v. Murray

CARDINE, Justice.

This was an action by appellees Edward F. Murray, Jr. and William J. Edwards (M & E) against Ferguson Ranch, Inc. to obtain a right of way, termed a common law way of necessity, across Ferguson lands, Ferguson appeals the judgment granting M & E the right of way.

The question we must answer is this: Where a grantee takes title to a parcel of property which has no adequate means of ingress/egress (is landlocked), is the grant- or obligated to provide his grantee with a common law way of necessity without compensation therefor, or must the grantee obtain a private road in…