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HILLSIDE DEVELOPMENT CO., INC. v. FIELDS

No. WD 52032.

928 S.W.2d 886 (1996)

HILLSIDE DEVELOPMENT COMPANY, INC., Respondent, v. Roscoe FIELDS, Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied October 1, 1996.

Attorney(s) appearing for the Case

J. Patrick Shepard, Kansas City, for appellant

Gary M. Steinman, Schulz, Bender, Maher, Lee, Sexton & Hill, P.C., Gladstone, for respondent.

Before ELLIS, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.

LAURA DENVIR STITH, Judge.

Defendant-Appellant Roscoe Fields alleges that the trial court erred in rejecting his argument that he had an implied, or "visible" easement over the portion of the property of Plaintiff-Respondent Hillside Development Company on which sits a part of the driveway to Mr. Fields' home. We agree. The undisputed facts establish all of the elements for creation of a visible easement: the driveway constitutes an obvious and visible benefit to...

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