Yaali, Ltd. v. Barnes & Noble, Inc.

Fletcher, Presiding Justice.

At issue in this case is the existence of an easement. The trial court granted appellees’ motion for summary judgment and declared that the easement did not exist. Because there was no unity of title at the purported creation of the easement and because estoppel alone cannot create an easement where none exists, we affirm.

Appellants Yaali, Ltd. and Malone’s (collectively Yaali), and Appellees BN Development Company and Barnes & Noble (collectively Barnes & Noble) own adjoining parcels of land that front on Cobb Parkway. The Barnes & Noble property also abuts Jones…