Howell v. Estes

Citations

• 71 Tex. 690
• 12 S.W. 62
• 1888 Tex. LEXIS 1207

Syllabus

<p>1. Basement—It is elementary that, to constitute an easement, the dominant and the servient estates must be held by different owners, and when the owner of an estate enjoys an easement over another, and acquires title to the latter, the easement is thereby extinguished.</p> <p>2. Same.—If an improvement constructed over, under or upon one parcel of land for the convenient use or enjoyment of another contiguous parcel by the owner of both, be open, visible and permanent in its character, and of such nature as does not require the act of man to perfect or indicate its use, and the owner alienate the latter, the use of such improvement will pass as an easement.</p> <p>3. Same.—A testator owned two adjoining town lots upon which he built adjoining houses two stories high with a common partition wall. A stairway was placed adjoining the partition, by which access was had to the second story of the other. He Id, a devise of the latter carried the right to use the stairway as an approach to the second story, as had been the use by the testator.</p>