David Young v. Trails End Homeowners Association, Inc. TLS Properties, Ltd. TLS Operating Company, LLC Van Keene And Rick Durapau
03-14-00535-CV
| Tex. App. | May 22, 2015Background
- Dispute over Lot 52 in the Trails End subdivision and an "Extended Property" described as "the extensions of the side lot lines of Lot 52 to the center line of Big Sandy Creek."
- Plaintiff David Young sued defendants (Trails End HOA, TLS Properties, TLS Operating Co., and individuals) claiming title to the Extended Property and asserting trespass-to-try-title and related claims.
- Defendants (TLS and Trails End) counterclaimed and presented surveys, TCAD maps, and expert testimony (Crichton) locating the Lot 52 boundary at the center of the portion of Big Sandy Creek between Lot 52 and Lot 140.
- Trial court found: Young failed to offer credible evidence that he owned the Extended Property; the Extended Property does not conflict with Lots 139, 140, the 1.4777-acre tract, or West Darleen Drive; defendants prevailed on counterclaims; and attorneys’ fees were awarded to the Association.
- On appeal Young argued (1) he has superior title to the Extended Property based on a 1955 deed chain and oral testimony and sought judicial notice of deeds; (2) the 1962 replat is void under Art. 974a §5; and (3) the Extended Property conflicts with defendants’ lots.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Young proved superior title to the Extended Property | Young contends the 1955 Trundle deed (and alleged chain to him) grants sideline extensions to the center of Big Sandy Creek and thus superior title | TLS: Young failed to admit written deeds showing a chain to a sovereign or common source; oral testimony is legally insufficient; judicial notice of chain is improper | Held for defendants: Young did not introduce competent written proof; oral testimony insufficient; judicial notice inappropriate on appeal |
| Whether the Extended Property conflicts with Lots 139/140 or the 1.4777-acre tract | Young asserts the Extended Property extends to the creek center in a manner that conflicts with defendants’ lots | TLS/Trails End: Evidence (Steger & Bizzell survey, TCAD map, Crichton testimony, Smith testimony) shows the boundary is the center of the creek portion between Lot 52 and Lot 140, avoiding conflict | Held for defendants: trial court correctly found no conflict among the properties |
| Whether the 1962 replat is void as a matter of law under Art. 974a §5 | Young argues the replat failed to comply with statutory approval/owner-consent requirements and so is void | Defendants: argument waived (not raised at trial); statute applies to land inside city limits (record lacks proof); statute doesn’t render replat automatically void; joinder issues if replat invalidated | Held for defendants: Young’s new statutory attack fails (waived and meritless), and even if replat void it would not establish Young’s title |
| Remedies and ancillary claims (public right-of-way, injunctions, fees) | Young sought relief against defendants’ use/possession | Defendants showed continuous use, constructive notice, bona fide purchaser status, and wrongful blockade by Young | Held for defendants: trial court’s findings supported injunctions, trespass findings, and attorneys’ fees award to the Association |
Key Cases Cited
- Hejl v. Wirth, 343 S.W.2d 226 (Tex. 1961) (plaintiff must recover on strength of own title)
- Rogers v. Ricane Enters., 884 S.W.2d 763 (Tex. 1994) (methods to prove title in trespass-to-try-title)
- Kilpatrick v. McKenzie, 230 S.W.3d 207 (Tex. App.—Houston [14th Dist.] 2006) (plaintiff must establish prima facie right to title)
- Murphy v. Tribune Oil Corp., 656 S.W.2d 587 (Tex. App.—Fort Worth 1983) (oral testimony insufficient to prove title when title directly in issue)
- Gillum v. Temple, 546 S.W.2d 361 (Tex. Civ. App.—Corpus Christi 1976) (same principle on written instruments requirement)
- Ramsey v. Jones Enterprises, 810 S.W.2d 902 (Tex. App.—Beaumont 1991) (expert oral testimony insufficient for trespass-to-try-title)
- SEI Business Sys., Inc. v. Bank One Taxes, N.A., 803 S.W.2d 838 (Tex. App.—Dallas 1991) (appellate courts reluctant to take judicial notice of matters going to merits)
- State of Cal. Dep’t of Mental Hygiene v. Bank of Southwest Nat’l Ass’n, 354 S.W.2d 576 (Tex. 1962) (issue-preservation and appellate waiver principles)