easement claim (Texas) · Go Syfert
← Texas issues

easement claim in Texas

15 Texas opinions name it 2 courts 1921–2025 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Sentell v. Williamson Countygreen
texapp · 1990 · cited in 5 Texas opinions naming this issue, 2009–2010
2 sentences

2010See Roberts v. Allison, 836 S.W.2d 185, 188 (Tex.App.-Tyler 1992, writ denied) (impassability of alternative route not notice of an easement claim); Sentell v. Williamson County, Texas, 801 S.W.2d 220, 223 (Tex.App.-Austin 1990, no pet.) (no matter that alternate route is "too steep or too narrow, or that other and like difficulties exist”).

2010See Roberts v. Allison, 836 S.W.2d 185, 188 (Tex.App.--Tyler 1992, writ denied) (impassability of alternative route not notice of an easement claim); Sentell v. Williamson County, Texas, 801 S.W.2d 220, 223 (Tex.App.--Austin 1990, no pet.) (no matter that alternate route is "too steep or too narrow, or that other and like difficulties exist").

55
Roberts v. Allisongreen
texapp · 1992 · cited in 5 Texas opinions naming this issue, 2009–2010
2 sentences

2010See Roberts v. Allison, 836 S.W.2d 185, 188 (Tex.App.-Tyler 1992, writ denied) (impassability of alternative route not notice of an easement claim); Sentell v. Williamson County, Texas, 801 S.W.2d 220, 223 (Tex.App.-Austin 1990, no pet.) (no matter that alternate route is "too steep or too narrow, or that other and like difficulties exist”).

2010See Roberts v. Allison, 836 S.W.2d 185, 188 (Tex.App.--Tyler 1992, writ denied) (impassability of alternative route not notice of an easement claim); Sentell v. Williamson County, Texas, 801 S.W.2d 220, 223 (Tex.App.--Austin 1990, no pet.) (no matter that alternate route is "too steep or too narrow, or that other and like difficulties exist").

55
LaTaste Enterprises v. City of Addisongreen
texapp · 2003 · cited in 3 Texas opinions naming this issue, 2011–2025
2 sentences

2025LaTaste Enter. v. City of Addison, 115 S.W.3d 730, 735 (Tex. App.—Dallas 2003, pet. denied).

2019LaTaste Enter. v.City of Addison, 115 S.W.3d 730, 735 (Tex. App.—Dallas 2003, pet. denied).

33
Hubert v. Davisgreen
texapp · 2005 · cited in 3 Texas opinions naming this issue, 2008–2009
2 sentences

2008In other words, an easement is a privilege to use land that is completely distinct from ownership of the land, Hubert v. Davis, 170 S.W.3d 706, 710 (Tex. App.—Tyler 2005, no pet.), and an easement does not convey title to property, Stephen F. Austin State Univ. v. Flynn, 228 S.W.3d 653, 658 (Tex. 2007); Lakeside Launches, Inc. v. Austin Yacht Club, Inc., 750 S.W.2d 868, 873 (Tex. App.—Austin 1988, writ denied).

2008In other words, an easement is a privilege to use land that is completely distinct from ownership of the land, Hubert v. Davis , 170 S.W.3d 706, 710 (Tex. App.--Tyler 2005, no pet.), and an easement does not convey title to property, Stephen F. Austin State Univ. v. Flynn , 228 S.W.3d 653, 658 (Tex. 2007); Lakeside Launches, Inc. v. Austin Yacht Club, Inc. , 750 S.W.2d 868, 873 (Tex. App.--Austin 1988, writ denied).

33
Daniel v. Foxgreen
texapp · 1996 · cited in 2 Texas opinions naming this issue, 2003–2016
2 sentences

2016Daniel v, Fox, 917 S.W.2d 106, 110 (TexApp. — San Antonio 1996, writ denied).

2003Daniel v. Fox, 917 S.W.2d 106, 110 (Tex.App.-San Antonio 1996, writ denied).

22
Stephen F. Austin State University v. Flynngreen
tex · 2007 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008In other words, an easement is a privilege to use land that is completely distinct from ownership of the land, Hubert v. Davis, 170 S.W.3d 706, 710 (Tex. App.—Tyler 2005, no pet.), and an easement does not convey title to property, Stephen F. Austin State Univ. v. Flynn, 228 S.W.3d 653, 658 (Tex. 2007); Lakeside Launches, Inc. v. Austin Yacht Club, Inc., 750 S.W.2d 868, 873 (Tex. App.—Austin 1988, writ denied).

2008In other words, an easement is a privilege to use land that is completely distinct from ownership of the land, Hubert v. Davis , 170 S.W.3d 706, 710 (Tex. App.--Tyler 2005, no pet.), and an easement does not convey title to property, Stephen F. Austin State Univ. v. Flynn , 228 S.W.3d 653, 658 (Tex. 2007); Lakeside Launches, Inc. v. Austin Yacht Club, Inc. , 750 S.W.2d 868, 873 (Tex. App.--Austin 1988, writ denied).

22
Lakeside Launches, Inc. v. Austin Yacht Club, Inc.green
texapp · 1988 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008In other words, an easement is a privilege to use land that is completely distinct from ownership of the land, Hubert v. Davis, 170 S.W.3d 706, 710 (Tex. App.—Tyler 2005, no pet.), and an easement does not convey title to property, Stephen F. Austin State Univ. v. Flynn, 228 S.W.3d 653, 658 (Tex. 2007); Lakeside Launches, Inc. v. Austin Yacht Club, Inc., 750 S.W.2d 868, 873 (Tex. App.—Austin 1988, writ denied).

2008In other words, an easement is a privilege to use land that is completely distinct from ownership of the land, Hubert v. Davis , 170 S.W.3d 706, 710 (Tex. App.--Tyler 2005, no pet.), and an easement does not convey title to property, Stephen F. Austin State Univ. v. Flynn , 228 S.W.3d 653, 658 (Tex. 2007); Lakeside Launches, Inc. v. Austin Yacht Club, Inc. , 750 S.W.2d 868, 873 (Tex. App.--Austin 1988, writ denied).

22
Corley v. Entergy Corp.green
txed · 2003 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017Even assuming the relevancy of the no-change-in-the-boundaries-of-the-Easement analysis, the majority’s holding—that because Campbell’s positioning of the new tower in a new location purportedly within the existing boundaries of the Easement caused no day-to-day change in Linde-mann’s day-to-day operations, the new tower’s change in location was not “substantial”—is incompatible with Texas case law. 8 The fact that the new location of the new; tower did not cause a change in Lin-demann’s operations does not authorize an expansion of the Easement’s express terms, which are limited to “a right f

11
Samuelson v. Alvaradogreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009Moreover, "impassibility of a [second] road gives a party no right to an easement." Â Duff, 311 S.W.2d at 643 . Â See Roberts v. Allison , 836 S.W.2d 185, 188 (Tex.App.--Tyler 1992, writ denied) (impassability of alternative route not notice of an easement claim); Sentell v. Williamson County, Texas , 801 S.W.2d 220, 223 (Tex.App.--Austin 1990, no pet.) ( no matter that alternate route is "too steep or too narrow, or that other and like difficulties exist"). Â "When one has access to a part of his tract of land by way of travel over his own property, this, as a matter of law, is a better and m

11
New Amsterdam Casualty Co. v. Texas Industries, Inc.green
tex · 1967 · cited in 1 Texas opinions naming this issue, 2009–2009
2 sentences

2009Laws, 2431, this suit is governed by the law in effect immediately before the effective date of the amendment, September 1, 2009.  Id. at § 2.  Further, for convenience, we will cite to section 16.034 of the Texas Civil Practice and Remedies Code throughout the remainder of this opinion simply as "section 16.034" or § 16.034."  [22] In general, attorney's fees are not recoverable unless provided for by statute or between the parties.  New Amsterdam Casualty Company v. Texas Industries, Inc ., 414 S.W.2d 914, 915 (Tex. 1967).  Such statutory provisions for the recovery of attorney fees m

2009Laws, 2431, this suit is governed by the law in effect immediately before the effective date of the amendment, September 1, 2009.  Id. at § 2.  Further, for convenience, we will cite to section 16.034 of the Texas Civil Practice and Remedies Code throughout the remainder of this opinion simply as "section 16.034" or § 16.034."  [22] In general, attorney's fees are not recoverable unless provided for by statute or between the parties.  New Amsterdam Casualty Company v. Texas Industries, Inc ., 414 S.W.2d 914, 915 (Tex. 1967).  Such statutory provisions for the recovery of attorney fees m

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Horner v. Heather green
texapp · 2013
1 sentence

2025“The gravity of a judicial means of acquiring an interest in land of another solely by parol evidence requires that [the doctrine of easement by] estoppel be strictly applied.” Horner, 397 S.W.3d at 325 .

12025–2025
Othen v. Rosier green
tex · 1950
1 sentence

2009Moreover, "impassibility of a [second] road gives a party no right to an easement." Â Duff, 311 S.W.2d at 643 . Â See Roberts v. Allison , 836 S.W.2d 185, 188 (Tex.App.--Tyler 1992, writ denied) (impassability of alternative route not notice of an easement claim); Sentell v. Williamson County, Texas , 801 S.W.2d 220, 223 (Tex.App.--Austin 1990, no pet.) ( no matter that alternate route is "too steep or too narrow, or that other and like difficulties exist"). Â "When one has access to a part of his tract of land by way of travel over his own property, this, as a matter of law, is a better and m

12009–2009
Drye v. Eagle Rock Ranch, Inc. green
tex · 1963
1 sentence

2009Moreover, "impassibility of a [second] road gives a party no right to an easement." Â Duff, 311 S.W.2d at 643 . Â See Roberts v. Allison , 836 S.W.2d 185, 188 (Tex.App.--Tyler 1992, writ denied) (impassability of alternative route not notice of an easement claim); Sentell v. Williamson County, Texas , 801 S.W.2d 220, 223 (Tex.App.--Austin 1990, no pet.) ( no matter that alternate route is "too steep or too narrow, or that other and like difficulties exist"). Â "When one has access to a part of his tract of land by way of travel over his own property, this, as a matter of law, is a better and m

12009–2009
Duff v. Matthews green
tex · 1958
1 sentence

2009Moreover, "impassibility of a [second] road gives a party no right to an easement." Â Duff, 311 S.W.2d at 643 . Â See Roberts v. Allison , 836 S.W.2d 185, 188 (Tex.App.--Tyler 1992, writ denied) (impassability of alternative route not notice of an easement claim); Sentell v. Williamson County, Texas , 801 S.W.2d 220, 223 (Tex.App.--Austin 1990, no pet.) ( no matter that alternate route is "too steep or too narrow, or that other and like difficulties exist"). Â "When one has access to a part of his tract of land by way of travel over his own property, this, as a matter of law, is a better and m

12009–2009
Mhoon v. Cain green
tex · 1890
1 sentence

1921The inference may have been drawn by the court below that the inception and user of the right of way was in subordination to the owner, and in recognition of his superior rights in the premises, and if so we cannot hold, under well-settled rules of law, that the conclusion was unwarranted by the facts proved. ‘A single lisp of acknowledgment * * * ’ of the owner’s title is fatal to the right.” In the case of Mhoon v. Cain, 77 Tex. 318 , 14 S. W. 24 , the Supreme Court holds: “The possession must be adverse to meet the terms of the statute.

11921–1921

Statutes the citing opinions construe

TX § Tex. Prop. Code § 5.021 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 17 (1893–2025) TX 15 (1921–2025) IL 14 (1895–2023) NC 7 (1907–2022) PA 7 (1890–1982) NY 7 (1884–2013) ME 6 (1843–2020) CO 6 (1988–2024) MT 5 (1969–2025) MO 5 (1959–1992) ID 5 (1995–2018) WA 5 (1987–2018) KY 5 (1970–2024) NV 5 (1988–2018) AL 4 (1909–2014) VA 4 (2003–2025) MI 4 (1935–1981) CT 3 (1994–2016) MA 3 (1995–2023) MD 3 (1972–2012) WI 2 (1924–1993) IA 2 (1998–2000) OR 2 (2001–2018) SD 2 (2000–2023) WY 2 (2005–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check