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. | Mar 23, 2015Background
- Trails End Subdivision was platted in 1947; Lot 52 in that plat was conveyed in 1955 by T.L. Smith to Sylvia Trundle by deed describing Lot 52 "together with that parcel of land included between the extension of side lines of said lot to the center line of Big Sandy Creek."
- In 1962 a re-plat was recorded (not referencing Lot 52) creating new lots and a West Darleen Drive extension; Trundle (and other Lot 52 owners) did not sign or appear on that re-plat.
- David Young purchased Lot 52 (claiming title to the land to the center of Big Sandy Creek) in 1996; TLS defendants acquired Lots 139/140 in 1997 and later transferred them to the HOA (2008).
- Dispute: overlapping boundaries where Lot 140 (per the 1962 re-plat and later surveys) appears to encroach on the area Young claims through the 1947 plat/deeds; defendants asserted title/access and adverse possession/easement rights.
- Trial court (bench trial) entered final judgment for defendants: recognizing Lot 139 and the adjoining 1.4777-acre tract as the Association’s, holding West Darleen Drive (including its extension) a public right-of-way; permanently enjoining Young from obstructing access; and awarding the Association attorney’s fees. Young appealed, arguing the 1962 re-plat was void, nemo dat applies, adverse possession was legally/factually unsupported, and many findings/conclusions lacked evidentiary support.
Issues
| Issue | Young's Argument | Defendants' Argument | Held |
|---|---|---|---|
| Validity of 1962 re-plat | 1962 re-plat is void: Trundle (preexisting Lot 52 owner) never joined; statute and nemo dat bar re-platting a lot already sold | 1962 re-plat and later conveyances create Lot 139/140 and public right-of-way; survey evidence supports re-plat-based boundaries | Trial court accepted re-plat-based description; judgment recognized Lot 139 and 1.4777-acre tract as Association property and West Darleen Drive as a public right-of-way (ruling for defendants) |
| Construction of deeds / extent of Lot 52 | Deeds unambiguously grant Lot 52 and the parcel between its extended sidelines to center of Big Sandy Creek; deeds must be construed by their four corners and against grantor Smith | Defendants rely on re-plat and surveys to show lot lines differ and Lot 140 crosses Young’s claimed area | Trial court resolved in favor of defendants (did not adopt Young’s construction); judgment treats defendants’ legal descriptions/survey as controlling |
| Adverse possession / tacking | No legally sufficient evidence of actual and visible possession by defendants or predecessors; plaintiffs (Young) blocked access and there is no proof of continuous, visible use required by §16 limitations | Defendants assert tacking/prior possession and use support their title and rights of access | Trial court credited defendants’ claims of title/use; appellant contends insufficient evidence but court awarded relief to defendants |
| Evidentiary sufficiency of findings and conclusions | Many Findings of Fact and Conclusions of Law lack record support; trial court erred by relying on legally incompetent or absent evidence | Defendants maintain findings are supported by recorded plats, deeds, surveys and testimony | Trial court issued detailed FOF/COL in defendants’ favor; Young argues legal and factual insufficiency on appeal (court below entered final judgment for defendants) |
Key Cases Cited
- Bywaters v. Gannon, 686 S.W.2d 593 (Tex. 1985) (adverse-possession elements and proof requirements)
- Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (standards for factual-sufficiency review)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency review and how to weigh evidence)
- Coastal Transp. Co. v. Crown Central Petroleum Corp., 136 S.W.3d 227 (Tex. 2004) (inadmissible/evidentiary-weight principles)
- Ulbricht v. Friedsam, 325 S.W.2d 669 (Tex. 1959) (construction of deeds; presumption that grantor conveys land to water’s center absent express reservation)
- Cherokee Water Co. v. Freeman, 33 S.W.3d 349 (Tex. 2000) (deed construction; giving effect to all words and construing ambiguity against drafter)
- Luckel v. White, 819 S.W.2d 459 (Tex. 1991) (four-corners rule for deed interpretation)
- Coastal Industrial Water Authority v. York, 532 S.W.2d 949 (Tex. 1976) (submergence does not necessarily divest title to land beneath water)
- Plainsman Trading Co. v. Crews, 898 S.W.2d 786 (Tex. 1995) (deed construction principles)
- Herbert v. Herbert, 754 S.W.2d 141 (Tex. 1988) (appellate deference to factfinder on credibility; role of factual-sufficiency review)