Brooks v. Tanner

OPINION

SOSA, Senior Justice.

Plaintiffs Jerry and Ruth Brooks appeal from a district court judgment granting Fermin and Cecilia Herrera (Herreras) the right to use a roadway easement across the Brooks’ property.

The issues are whether the provisions of a real estate contract created an express easement for road purposes, or whether a roadway easement was created by prescription or by necessity.

Reference to the following sketch which appears in the record as Plaintiffs’ Exhibit 8 will enhance understanding of the facts and issues presented herein.

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Lewis R. Tanner, Sr. (Seller) was…