Koonce v. Brite Estate

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating one of the required elements to establish an easement by necessity is that “access must be a necessity and not a mere convenience”
• assessing a roadway easement by the standard of an easement by necessity
• an element necessary to establish an implied easement by necessity is that the necessity must exist at the time of severance of the two estates
• “The elements needed to establish an implied easement by necessity are: (1) unity of ownership prior to separation.”
• an element necessary to establish an implied easement by necessity is that the necessity must exist at the time of severance of the two estates
• “To establish unity of ownership[,] the claimant must prove prior to severance, his grantor owned the dominant and servient estate as a unit or single tract.”

Source: CourtListener parenthetical corpus (CC0).