Nature of the Case
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Facts
Ward (P) and Slavecek (D) owned adjacent lots and title was derived from a common predecessor in title who build a driveway centered in the east west division line between the two lots to serve as an approach to his garage. D's predecessor constructed a garage on his lot and began to use the original driveway in common with his neighbor and with consent. In 1970, D then built a fence which divided the driveway that makes P's use of the driveway and garage worthless; (allegedly). P sued for an implied easement. The trial court denied that request.
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