Gowan v. Crawford

The issue presented here is whether the trial court erred in granting the owners of a tract of land an easement over an adjacent tract. Our resolution of the issue requires an examination of the law of Alabama relating to easements by necessity and easements by implication.

The plaintiff initially sued to enjoin the defendants from using a driveway across the plaintiffs' property. The defendants counterclaimed for a declaration that they had a right to use the driveway for ingress to and egress from their property. The parties stipulated the facts of the case, and the trial judge viewed the…