Thompson v. Whinnery

This case presents the issue of whether an implied easement of necessity was created across lands now owned by petitioners Nicole Renea Thompson and Sonya Ann Thompson for access to ten acres of land now owned by respondent Helen E. Whinnery (Whinnery) when a 194 acre parcel, of which the ten acres is a part, was severed by conveyance in 1938 from the adjoining lands of the Thompsons. 1 The ten acres is physically separated from the remainder of the 194 acre parcel by Elk Creek and the canyon through which it runs. The trial court determined that an implied easement of necessity was created…