Jimmy Luecke Children Partnership v. Pruncutz, No. 03-10-00840-CV, 2013 Tex. App. LEXIS 10362 (Tex. Ct. App. Aug. 16, 2013)

(partnership challenged a trial court’s judgment approving a commissioners’ report partitioning a 525.39 acre tract jointly owned by the partnership and a second owner; partnership argued that it was entitled to an implied easement along a roadway extending across the middle of the second owner’s property; in affirming the trial court’s judgment, appellate court ruled that partnership failed to establish three of the four requirements for an implied easement: (1) because a portion of the requested easement belonged to a third party, the partnership had not established the “unity of ownership” between the dominant and servient estates necessary for an implied easement; (2) the partnership did not establish “continuous use” of the easement such that the parties must have intended an easement to pass by implication; and (3) the partnership did not establish that an implied easement was a “reasonable necessity” because the commissioners granted the partnership two means to access its property, one that was specifically granted to provide access during flooding).