Facts

In 2015, Cowboy National LLC purchased a parcel of land that was landlocked. Cowboy then requested an easement, without payment of consideration, over a portion of Schallert Family Trust's vacant property that is immediately adjacent to the end of a cul-de-sac of an avenue. This easement would have given Cowboy access to its parcel. Cowboy then filed suit against Schallert, seeking an easement by necessity. The issue for the court was whether Cowboy had established strict necessity for a right of way to its parcel.

PLAINTIFF CONTENTIONS: Plaintiff contended that it had no other means to access its parcel, which entitled it to an easement by necessity.

DEFENDANT CONTENTIONS: Defendant contended that plaintiff had other reasonable means of access to its parcel.

Result

The court found that plaintiff did not have an easement by necessity because it has other means of access to its parcel. Judgment was entered for defendants.