Hamrick v. Ward
359 S.W.3d 770
Tex. App.2012Background
- Appellants Hamrick and Bertram sued Ward to stop dirt-road use; Ward counterclaimed for easement across appellants' land for access to a two-acre tract.
- The easement allegedly arose in 1953 when Bourgeois conveyed the two-acre tract, the dirt road being the only access from Richardson Road.
- Cook developed Barrington Woods; he drafted a special restriction creating a 15-foot access easement for Gomez; Gomez later sold to Ward with Gomez’s life estate remaining.
- Gomez’s life estate owner continued to use the dirt road; Barrington Gardens development allowed a new access route that was not fully implemented for Gomez or the two-acre tract.
- Trial court granted summary judgment that Ward had an easement by implied grant based on prior use and denied appellants’ defenses; attorney’s fees were awarded to both sides; cross-appeals followed.
- The court ultimately reversed in part and remanded for further proceedings, including issues about notice-based bona fide purchaser defense and related remedies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Easement by prior use: were necessity and prior use proven? | Hamrick | Ward | Yes; elements shown, with continuing necessity not required. |
| Bona fide purchaser without notice: did Hamrick conclusively lack notice? | Hamrick | Ward | Material fact issue; judgment reversed as to this defense. |
| Finality and remedies: should width, injunction bond, and attorney’s fees be resolved on remand? | Hamrick | Ward | Remand on width, bond, and fees; judgment reversed and remanded. |
Key Cases Cited
- Drye v. Eagle Rock Ranch, Inc., 364 S.W.2d 196 (Tex. 1963) (implied easements; obiter on bona fide purchaser not controlling here)
- Seber v. Union Pacific R.R. Co., 350 S.W.3d 640 (Tex.App.-Houston 14th Dist. 2011) (implied easements by prior use; necessity limited to severance time)
- Bickler v. Bickler, 403 S.W.2d 354 (Tex. 1966) (elements for easement by prior use; necessity not strictly required over time)
- Madison v. Gordon, 39 S.W.3d 604 (Tex. 2001) (bona fide purchaser defense; notice concept in land disputes)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (summary judgment standards and favorable inferences)