Chaiken v. Harry J. O'Meara Tile Co.

This is an appeal from a final decree in a declaratory judgment suit in which the trial court awarded Harry J. O’Meara Tile Co., Inc., (O’Meara) an easement by necessity over property of Albert Chaiken (Chaiken).

We need consider only one assignment of error, namely, that the evidence was insufficient to establish O’Meara’s right to such an easement.

Both parcels of land were originally part of a larger tract of 218.65 acres acquired by Vernon M. Lynch (Lynch) in 1941. Lynch conveyed a 20 acre tract (Chaiken tract) to Chaiken’s predecessor in title in March, 1942. This 20 acre tract bounded a…