Machala v. Weems

The depiction of and designation as a "county road" running adjacent to the southern boundary of the southernmost parcel of the appellants' lands does not, without more, establish the designated area of that "road" as an easement by necessity.

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OPINION

Leroy G. Machala, Margaret A. Janik, Stanley Machala, Floyd F. Wolcik, Lucille Martin, Wilbur Krenek, and Floyd Stasney, Appellants, sued D. Ted Weems, Appellee, for declaratory, injunctive, and other relief regarding Weems’s alleged interference with Appellants’ alleged easement over certain Harris County property owned by Weems. Weems counterclaimed, seeking the trial court’s declaration that Appellants have no right, title, or interest in any of the property belonging to him.

After a bench trial, the trial court rendered a take-nothing judgment against Appellants and further ordered that Appellants “have no easement right, title or interest in, to, or across Defendant’s [Weems's] real property along the northern edge of defendant’s property continuing to Cedar Bayou, as described in the attached Exhibit A . . . .”

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Machala v. Weems

The depiction of and designation as a "county road" running adjacent to the southern boundary of the southernmost parcel of the appellants' lands does not, without more, establish the designated area of that "road" as an easement by necessity.

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