Search Results for: easements

Easements 101

Posted on by

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 by

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 →

August Monthly Round Up

Posted on by

As the summer draws to a close and students head back to school, the ag law developments continue around the country! * Hearing date set for John Deere right to repair settlement; claims due December 31, 2026.  The $99 million settlement between John Deere and class members impacted by its right-to-repair practices has been set for a fairness hearing in January 2027.  Notifications will be sent to class members starting August 28, 2026.  Class members, who are expected to number over 200,000, include anyone who purchased repair services… Read More →

Texas Supreme Court Opinion Addresses Scope of Easement by Estoppel

Posted on by

The Texas Supreme Court recently issued an important opinion in Boerschig v. Rio Grande Electric Cooperative with regard to implied electrical line easements and the scope thereof.  Background  In 1945, ranchers in Southwest Texas formed a non-profit Rio Grande Electric Cooperative (RGEC) to provide electricity to Co-op members in rural areas.  RGEC has condemnation authority and now serves eighteen counties in Texas and two counties in New Mexico.    In 1947, RGEC acquired a document titled “Right of Way Easement” that gave an unspecified corporation the right to place, construct, operate, repair, maintain, relocate, and replace an… Read More →

Texas Rural Land Purchasing Checklist

Posted on by

This checklist was co-authored with Karli Kaase, Student Assistant – Texas A&M AgriLife Extension, and Kara Matheney, Project Manager III – Texas A&M AgriLife Extension.  To download a printable PDF copy, click here. Built on Texas A&M AgriLife Extension’s Owning Your Piece of Texas handbook, this fact sheet provides research-based guidance to help first-time and transitioning rural real estate buyers better understand key considerations when purchasing rural land in Texas. It is intended for educational purposes and reflects general principles of Texas landownership. Clarifying Goals and Budget Before beginning… Read More →

Easement Dispute Offers Important Reminders When Dividing Land

Posted on by

A recent Hill Country easement dispute was considered by the San Antonio Court of Appeals in Luckenbach Ranch, LLC v. Bowling.  [Read Opinion here.] Background Wendy Williams owned 62-acres of land in Fredericksburg, TX.  Wendy offered to sell her brother, Troy, and sister-in-law, Kim, 15.5 acres of her land.  Kim, who was a realtor, prepared a purchase agreement for the 15.5 acres that Wendy signed.  The agreement was amended to account for renumbering of the address of the parcel Troy and Kim would purchase and that which Wendy would… Read More →

Important Reminders on Contract Interpretation from Texas Supreme Court

Posted on by

The Texas Supreme Court recently decided an interesting contract case involving an agreement to supply water for fracking in Equinor Energy v. Lindale Pipeline.  [Read Opinion here.] Background Fracking is a common method of oil and gas production in the United States.  It involves pumping water down a well into a formation under high pressure, causing the formation to crack open and the oil or gas to flow into the wellbore.  Fracking requires large amounts of water, and companies often contract with water suppliers to transport water to well… Read More →

Recent Interviews & Articles

Posted on by

I’ve been able to give a number of interviews recently on a whole host of ag law-related topics.  We’ve covered some really important issues like getting documents in writing, succession planning, and mental health.  I thought it might be fun to share a few of those interviews today. Beyond the Handshake: 6 Legal Documents that Matter I enjoy any chance to chat with Shelley Huguley at Southwest Farm Press.  We caught up earlier this year at the Plains Cotton Growers Annual Meeting where we talked about my presentation. … Read More →

New Resource Available: Landlocked Property Law in Texas Fact Sheet

Posted on by

We’re excited to announce the release of a new fact sheet designed to help Texas landowners, agricultural producers, and rural residents better understand a common and often confusing issue—landlocked property. Photo by Karli Kaase What Is Landlocked Property? A landlocked property is one that has no legal access to a public road. This situation is more common than many might think, particularly in rural Texas. Whether the result of an old subdivision, a partition among heirs, or the sale of interior tracts, landlocked parcels can raise serious questions… Read More →

Case Illustrates Difficulty of Proving Easement by Necessity

Posted on by

The Austin Court of Appeals recently issued a decision in #1STR, LLC v. White, a case that illustrates the difficulty landowners face in proving the existence of an easement by necessity.  [Read Opinion here.] Background The White’s owned land in Bastrop County, which they partitioned into 10 tracts, one for each of their 10 children, in 1948.  Once partitioned, the ten tracts were laid out as shown below: Harry White owns Tract No. 7, shaded in the photo above. In 2021, CTX4R bought Tract No. 4 and subdivided it… Read More →