AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

UNITED REALTY COMPANY, PLAINTIFF-RESPONDENT, v. ELLIS S. OUTLAW ET AL., DEFENDANTS-APPELLANTS.

MEMORANDUM OPINION

STEWART, Judge.

Plaintiff, the owner of an apartment building which is across the alley from property owned by defendants, obtained a mandatory injunction ordering defendants to remove a wall which defendants had constructed across an easement on defendants' property. Defendants appeal from this judgment.

It is conceded that one of defendants' predecessors in title created an easement by grant in writing to plaintiff's predecessors in title for the "use and benefit of the present and future owners" of the two tracts of land "their heirs and assigns". The property was conveyed to defendants subject to the easement. Defendants sought to avoid the effect of the written grant of the easement with the contention that the easement had been abandoned. Ordinarily a written easement agreement is not lost by nonuser. Franck Bros., Inc. v. Rose 301 S.W.2d 806 (Mo. 1957).

It would serve no purpose to set out the easement in detail because there is no question as to the description and location of the easement.

We have reviewed the record and find no evidence which would warrant a finding that the easement had been abandoned. The judgment of the trial court is not erroneous and no error of law appears. The case above cited is controlling. A full opinion would have no precedential value.

We affirm in compliance with Rule 84.16(b).

SMITH, C. J., and KELLY, J., concur.

Use AI to get other relevant cases.

Comments

UNITED REALTY COMPANY v. OUTLAW
(Apr 14, 1975)