Matthew J. Buscher Missouri Cases

Matthew Buscher appealed from a trial court judgment that denied him an easement by implication and instead granted a more limited easement by necessity across his relatives' property. The appellate court reversed, holding that the unpleaded claim for an easement by necessity was not tried by consent because the evidence presented was also relevant to the pleaded claim for an easement by implication. The court further found that the trial court erred in denying the easement by implication, as the overwhelming evidence satisfied all its elements. The case was remanded for the trial court to enter judgment granting an easement by implication.