Martinez v. Martinez

I respectfully dissent. I feel the majority has read more into the deed than the law allows.

The 1973 warranty deed by which appellant received title to his tract was signed by appellees and provides for “rights of ingress and egress.” There is no mention in the deed of a particular road or way, nor is there mention of a servient estate supporting the easement. Appellees’ warranty deed is similarly worded. There is no easement reserved for appellant in appellees’ deed. Appellant argues and the majority agrees that the words “rights of ingress and egress” are certain and definite and that they…