Search Results for: easements

Easements 101

Posted on January 6, 2020 by tiffany.dowell

This blog post is an excerpt from the Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know handbook, which is available for free download by clicking here. If you are interested in purchasing a hard copy, please contact me at tdowell@tamu.edu. An easement is a means by which a landowner grants another person the right to use the landowner’s property for a specific purpose. The land on which the easement is granted is referred to as the “servient estate”, and the land the easement benefits… Read More →

Texas Supreme Court Clarifies Law Regarding Implied Easements

Posted on September 2, 2014 by tiffany.dowell

The Texas Supreme Court’s decision last week in Hamrick v. Ward is important as it clarifies the law regarding implied easements, which could impact landowners across Texas. [Read full opinion here.] Background The facts in this case are actually less important than the legal principles set forth by the court. Thus, the facts are reviewed only briefly in very simplified form. In 1936, O.J. Bourgeois owned 41.1 acres in Harris County. He convened two acres of this property to his grandson, Paul. During Paul’s ownership, a dirt road was constructed… Read More →

Texas Supreme Court Rules in Case Involving Implied Easement

Posted on February 27, 2024 by tiffany.dowell

The Texas Supreme Court recently ruled in Albert v. Fort Worth & Western Railroad Company, a case addressing legal access to a landlocked tract of land in Johnson County. This case is a great reminder of the law regarding access to property and the various types of implied easements in Texas law. Background At issue in this case is access to a 10-acre property located in Johnson County, Texas (“the Property”). It is separated from State Highway 171 by a strip of land owned by the Ft. Worth &… Read More →

New Fact Sheets

Posted on November 6, 2023 by tiffany.dowell

My student assistant, Karli Kaase, and I have recently published three fact sheets featuring information on which we frequently get questions from landowners. All are available to download for free. Easements 101 What is an easement? What different types of easements exist? What does the law require to recognize various types of easements? We cover all of these questions and more in our “Easements 101” fact sheet. Click here to download. Getting End-of-Life Documents in Order Although no one enjoys thinking about death, there are some basic end-of-life… Read More →

Neighbor-to-Neighbor Farm Sale Leads to Lawsuits

Posted on June 26, 2023 by tiffany.dowell

*NOTE: In August 2023, the Amarillo Court of Appeals withdrew its initial opinion and issued a new Opinion in the case. The outcome and most of the analysis was the same. The only change was based on why the court dismissed the promissory estoppel claim. The blog post has been edited to reflect the revised Opinion.* When a dispute arose related to a neighbor-to-neighbor farm sale, two lawsuits were filed. The Amarillo Court of Appeals’ decisions in both Barkley v. Connelly cases offer important reminders for anyone entering into… Read More →

2022 Ag Law Year in Review – Texas

Posted on December 19, 2022 by tiffany.dowell

Each year, I am surprised by the number of agricultural law developments across Texas. This year is no exception, and I believe it may be the biggest year for agricultural law that I can remember in the Lone Star state. If you missed our review of the biggest ag law stories on the national level, click here. High Speed Rail Has Eminent Domain Authority The Texas Supreme Court issued a divided opinion in Miles v. Texas Central Railroad & Infrastructure holding that Texas Central Railroad has the power… Read More →

Rights of First Refusal and the Importance of Record Notice

Posted on June 27, 2022 by tiffany.dowell

A right of first refusal can be a good way to ensure a person has an option to purchase property before it is sold to another. However, as the Amarillo Court of Appeals recently considered in Mr. W. Fireworks, Inc. v. 731 Properties, LLC, certain steps must be taken to ensure enforceability of this right. [Read opinion here.] Background Mr. W Fireworks, Inc. (“Mr. W”) owns fireworks stands across Texas, New Mexico, and Oklahoma. One of its stands is on Soncy Road in Amarillo on land that it leased… Read More →

Case Offers Reminder: Property Can Be Landlocked in Texas

Posted on June 13, 2022 by tiffany.dowell

A recent Waco Court of Appeals decision in Fort Worth & Western Railroad Co. v. Albert offers an important reminder that property can, indeed, be landlocked in Texas. [Read opinion here.] Background In April 2016, Albert purchased 10 acres of land in Johnson County, Texas to build and operate a cement mixing plant. To do so, he and two business partners formed Chisholm Trail Redi-Mix, LLC. The only access to Albert’s property was to cross a single-lane gravel railroad crossing over the neighboring property, currently owned by Ft. Worth &… Read More →

Texas Supreme Court Rules in Hlavinka v. HSC Pipeline

Posted on June 6, 2022 by tiffany.dowell

Last week, the Texas Supreme Court issued its opinion in Hlavinka v. HSC Pipeline. [Read opinion here.] Background Plaintiffs (“Hlavinka”) own four tracts of land totaling 13,000 acres in Brazoria County, Texas. Although the family uses the land for agriculture, Mr. Hlavinka testified his primary purpose for purchasing the property was to sell pipeline easements. The land has 25 pipeline easements on it. Mr. Hlavinka recently negotiated two such easements in arms’ length, private sales transactions, receiving $3.45 million and $2 million, respectively. HSC installed the pipeline at… Read More →