fact that an easement clause (Texas) · Go Syfert
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fact that an easement clause in Texas

9 Texas opinions name it 1 courts 1998–2021 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 (6)

CaseFollowedCited
Vinson v. Browngreen
texapp · 2002 · cited in 3 Texas opinions naming this issue, 2014–2021
2 sentences

2021Vinson v. Brown, 80 S.W.3d 221, 227 (Tex. App.—Austin 2002, no pet.).

2014“If enough appears in the description so that a person familiar with the area can locate the premises with reasonable certainty, it is sufficient to satisfy the Statute of Frauds.” Vinson v. Brown, 80 S.W.3d 221, 227 (Tex.App.-Austin 2002, no pet.).

33
Adams v. Norsworthy Ranch, Ltd.green
texapp · 1998 · cited in 3 Texas opinions naming this issue, 2002–2002
2 sentences

2002See Adams v. Norsworthy Ranch , 975 S.W.2d 424, 428 (Tex. App.--Austin 1998, no pet.).

2002See Adams v. Norsworthy Ranch, 975 S.W.2d 424, 428 (Tex. App.CAustin 1998, no pet.).

33
Hubert v. Davisgreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2014–2014
2 sentences

2014Even if an easement is uncertain, however, a court is not authorized “to completely ignore the right granted, if the easement is susceptible to a reasonable construction as to its true intent and meaning.” Id.; see also Hubert v. Davis, 170 S.W.3d 706, 711 (Tex.App.-Tyler 2005, no pet.) (“the fact that an easement clause is vague, indefinite, or uncertain does not authorize the court to completely ignore the valuable right thereby granted if the clause is still susceptible of a reasonable construction as to its true intent and meaning”).

2014Even if an easement is uncertain, however, a court is not authorized “to completely ignore the right granted, if the easement is susceptible to a reasonable construction as to its true intent and meaning.” Id.; see also Hubert v. Davis, 170 S.W.3d 706, 711 (Tex. App.—Tyler 2005, no pet.) (“the fact that an easement clause is vague, indefinite, or uncertain does not authorize the court to completely ignore the valuable right thereby granted if the clause is still susceptible of a reasonable construction as to its true intent and meaning”).

22
Elliott v. Elliottgreen
texapp · 1980 · cited in 2 Texas opinions naming this issue, 1998–1998
2 sentences

1998However, “the fact that an easement clause is vague, indefinite, or uncertain will not necessarily authorize the court to completely ignore the valuable right thereby granted if the clause is susceptible of a reasonable construction as to the true intent of the parties.” Elliott v. Elliott, 597 S.W.2d 795, 802 (Tex.Civ.App.—Corpus Christi 1980, no writ) (citing 21 Tex. Jur.2d Easements § 13, pp. 132-33 (1961)).

1998However, "the fact that an easement clause is vague, indefinite, or uncertain will not necessarily authorize the court to completely ignore the valuable right thereby granted if the clause is susceptible of a reasonable construction as to the true intent of the parties." Elliot v. Elliot , 597 S.W.2d 795, 802 (Tex. Civ.

22
Jones v. Fullergreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005See Seastrunk v. Walker, 156 S.W.2d 996, 997 (Tex.Civ.App.-Waco 1941, writ ref'd w.o.m.); see also Jones v. Fuller, 856 S.W.2d 597, 602 (Tex.App.-Waco 1993, writ denied).

11
Seastrunk v. Walkergreen
texapp · 1941 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005See Seastrunk v. Walker, 156 S.W.2d 996, 997 (Tex.Civ.App.-Waco 1941, writ ref'd w.o.m.); see also Jones v. Fuller, 856 S.W.2d 597, 602 (Tex.App.-Waco 1993, writ denied).

11

Distinguished, questioned or overruled (0)

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

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