Can Texas estate be landlocked?

A contemporary Waco Court docket of Appeals resolution in Citadel Value & Western Railroad Co. v. Albert gives a very powerful reminder that estate can, certainly, be landlocked in Texas. [Read opinion here.]

Background

In April 2016, Albert bought 10 acres of land in Johnson County, Texas, to construct and perform a cement blending plant. To take action, he and two industry companions shaped Chisholm Path Redi-Combine, LLC.  The one get entry to to Albert’s estate used to be to pass a single-lane gravel railroad crossing over the neighboring estate, recently owned via Toes. Value & Western Railroad (FWWR). The crossing used to be in-built 1960 and there used to be a license settlement between FWWR’s predecessor and Albert’s predecessor, wherein Albert’s predecessor used to be allowed to make use of the crossing for private and agricultural use most effective. The license used to be no longer assignable via Albert’s predecessor with out written consent from FWWR’s predecessor. FWWR had objected to business use of the crossing via different prior house owners from 2006-2009.

In Would possibly 2016, FWWR wrote Albert and Chisholm to tell them that they didn’t have the appropriate to make use of the crossing to get entry to the 10-acre estate. That month, Albert and Chisholm filed a declaratory judgment motion towards FWWR in search of the status quo of an easement via estoppel, easement via necessity, or prescriptive easement.  FWWR filed counterclaims for trespass, damages, and injunctive reduction.

The next month, Albert started running his cement blending plant. Vehicles used the crossing to get entry to and go away the valuables.

A jury trial used to be held, and the jury present in choose of Albert on each and every of the easement theories. The jury rejected FWWR’s counterclaims. FWWR appealed this resolution.

Court docket of Appeals Opinion

The Waco Court docket of Appeals sided with FWWR and reversed the trial court docket judgment.  [Read Opinion here.]

Easement via Estoppel

There are 3 parts Albert should display to end up an easement via estoppel: (1) FWWR communicated a illustration via phrases or habits to Albert; (2) Albert believed the verbal exchange; and (3) Albert relied upon the verbal exchange.  An easement via estoppel may also be imposed upon a next buyer if the following buyer had understand–exact or optimistic–of the easement or if reliance upon the easement persevered after the sale.

Albert equipped proof of a February 2016 assembly between FWWR and Albert’s industry companions previous to Albert buying the land.  At that assembly, Albert’s companions expressed their intent to shop for the valuables to construct a concrete plant, which will require the usage of the crossing.  FWWR equipped Albert’s companions with a pattern crossing settlement, which didn’t include explicit details about this crossing or Albert. FWWR’s proprietor testified that the pattern settlement shouldn’t have been equipped except crossing used to be to be authorized, and in addition that Albert’s companions weren’t expressly instructed crossing would no longer be allowed.

Albert additionally famous that previous to his acquire of the valuables, the prior proprietor implemented for a zoning alternate with the Town of Cleburne in order that the cement plant might be built at the estate.  Chisholm additionally implemented for an air high quality allow on the TCEQ.  FWWR filed objections to each and looked as if it would categorical issues in regards to the protection of the crossing.  At those hearings, FWWR by no means mentioned that Albert didn’t have permission to make use of the crossing. Albert stated that had FWWR have instructed him at any level he may just no longer use the crossing, he shouldn’t have bought the land.  As a substitute, FWWR tried to forestall the allow and zoning alternate via claiming it used to be bad to permit business cars to make use of the crossing.

Albert additionally famous that he bought the valuables in April and started developing the plant, however FWWR didn’t ship a letter declaring that the crossing used to be no longer allowed for use till Would possibly.

The court docket discovered this inadequate to end up the 3 required parts.  First, there used to be no illustration of any type made to Albert, who used to be the only real proprietor of the valuables.  The pattern settlement offered to Albert’s industry companions incorporated phrases that the industry must practice to make use of the crossing (which Albert and his companions left out).  2d, the license settlement between the predecessors for each Albert and FWWR expressly stated it would no longer be assigned, and subsequently, didn’t represent a foundation to imagine there used to be a proper to make use of the crossing.  Moreover, FWWR additionally famous that town would no longer supply Chisolm with a certificates of occupancy in June 2016 as a result of it would no longer end up criminal proper to make use of the crossing.  In accordance with this, the court docket discovered Albert didn’t end up an easement via estoppel.

Easement via Necessity

The birthday party claiming an easement via necessity (Albert) should end up: (1) solidarity of possession of the dominant and servient estates prior to severance; (2) the claimed easement is a gift necessity no longer only a mere comfort; and (3) the need existed when the 2 estates have been severed.

Albert’s estate used to be a part of a 702-acre hint that used to be first of all severed in 1887 when 12.7 acres have been conveyed to a railroad corporate (FWWR’s predecessor).  The railroad’s estate ran in the course of the greater tract, severing it right into a north and south segment.  Albert’s 10 acres are situated within the northern segment. A map from 1938 used to be offered at trial, and Albert’s skilled testified it indicated a non-public street or path which went from Albert’s estate around the railroad tracks.

Then again, the court docket famous there used to be no testimony about any use of the valuables in 1887–the time of severance.  There used to be no proof to end up whether or not there used to be necessity at the moment and, subsequently, Albert failed to fulfill the necessities to end up an easement via necessity.

Easement via Prescription

To end up a prescriptive easement, Albert should display the “open, infamous, opposed, adversarial, uninterrupted, unique and steady use of the servient property for a time period greater than 10 years.”  FWWR demanding situations Albert’s skill to end up his use used to be unique, adversarial, opposed, or steady for greater than 10 years.  A birthday party can rely on the usage of a predecessor in passion to fulfill the 10-year requirement.

First, FWWR equipped proof that every other landowner–Johnson–ceaselessly used the railroad crossing at factor, regardless of having his personal crossing in every other location. This use deemed Albert’s predecessor in passion’s use non-exclusive.

2d, Albert’s predecessor in passion had permission to make use of the crossing for agricultural functions.  This permission defeats Albert’s argument that the use used to be adversarial, a minimum of as to all “agricultural makes use of” made via the prior proprietor.  Even if there used to be a short lived time when the crossing used to be used for business functions and FWWR despatched letters objecting, there used to be no proof to turn such use befell for 10 years or extra.

Thus, Albert additionally didn’t end up an easement via prescription.

Injunctive Reduction and Trespass

FWWR argued that the jury improperly brushed aside their pass claims.  In accordance with the appellate court docket discovering no easement existed, those claims have been reversed and remanded to the trial court docket for a brand new trial.

Key Takeaways 

This situation gives a very powerful reminder that there can, certainly, be landlocked estate in Texas.  There’s no automated proper to get entry to one’s estate. As a substitute, like right here, a birthday party might search to end up criminal get entry to via a number of approach. To learn extra about how a birthday party might download get entry to to landlocked estate, click on right here and cross to Bankruptcy 7.  We even have a brief on-line magnificence for $20 concerned about landlocked estate to be had right here and a loose podcast episode on landlocked estate to be had right here.

In the event you pass someone else’s estate to get entry to your personal land, you should definitely have criminal get entry to to take action. One of the simplest ways to make sure that criminal get entry to is to acquire an categorical easement from the opposite landowner and feature it recorded within the deed information. Taking time to verify this step is finished is significant to maintaining the appropriate to get entry to your house.  There might recently be a neighborly handshake deal permitting get entry to, however issues get up when neighbors die or estate is bought.  Taking the time to place those agreements in writing and recording them on the courthouse is a key step for landowners to give protection to their land.

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