Koonce v. Brite Estate

ROBERTSON, Justice.

The Estate of J.E. Brite, acting by and through its Successor Administrator, filed suit to obtain a declaratory judgment establishing an implied easement by necessity across land owned by Genevieve Koonce, wife of Phil Koonce. The trial court rendered judgment awarding the Brite Estate an easement across Mrs. Koonce’s property, and the court of appeals affirmed. 655 S.W.2d 329. We reverse those judgments and render judgment that the J.E. Brite Estate take nothing.

The Estate of J.E. Brite is the owner of a ten acre tract landlocked from public access. This acreage is part of…