(concurring).
In this case there was more than mere permissive use of the additional parking area by Sikes’ customers. As Sikes expanded his business the use of the additional parking area became increasingly valuable to him. Appellants, • with knowledge of such use, accepted rentals based on revenues received from Sikes’ customers and their reversionary estate was benefited by Sikes’ improvement of his leasehold.
There was evidence in the record from which the trial court could have inferred that appellants by their conduct led Sikes to believe he had user rights and knowingly accepted the benefits of his actions in reliance on such belief. The facts of this case bring it within that “narrow band of cases” mentioned in Drye v. Eagle Rock Ranch Company, 364 S.W.2d 196 (Tex.Sup.1962), wherein an easement by estop-pel must be created, in equity, to prevent injustice. See Lange, Texas Practice, Vol. 4, Sec. 377, p. 149. The statements of Chief Justice Tunks in North Clear Lake Development Corporation v. Blackstock, 450 S.W.2d 678 (Tex.Civ.App., Houston, 14th, 1970, writ ref., n. r. e.), are applicable here:
“The application of the principles of equitable estoppel, where permissible, is made to prevent an injustice that would result from the strict application of the unbending rules of law. Each case in which equitable estoppel is sought to be applied must rest upon its own facts. Barfield v. Howard M. Smith Company of Amarillo (Tex.Sup.Ct.), 426 S.W.2d 834. The facts of this case permit the application of equitable estoppel by which the appellant will not be heard to deny the existence of the easements claimed by appellees. The denial of such application would result in disproportionate injustice to appellees.”
On the particular facts of this case I concur in the opinion of the majority affirming the trial court’s judgment.