John A. Lance, Debra L. Lance, F.D. Franks, and Helen Franks v. Judith and Terry Robinson, Gary and Brenda Fest, Virginia Gray, Butch Townsend and Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1
543 S.W.3d 723
| Tex. | 2018Background
- In 1917 Theresa Spettle and daughters conveyed multiple tracts to Medina Valley Irrigation Co. (MVICO) by a deed reserving to the Spettles rights to use reservoir waters and to construct improvements upon the "edges of the reservoir," and granting MVICO the right to "submerge" the lands by backing water from its dam.
- A 1917 Partition Deed divided the Spettles’ remaining lands; some metes-and-bounds descriptions reference the "backwater or flow line." Redus Point (the disputed area) descends to Medina Lake and includes an open-space area long used by nearby lot owners for access and improvements.
- Dispute arose when subsequent owners (the Lances, via deeds from Franks) claimed ownership of a 0.282-acre open-space tract described as along the "1072 Contour," while Robinson and other lot owners asserted rights under the Spettle/Partition deeds (as "heirs and assigns") and/or easement rights.
- Trial court (after temporary injunction) granted partial summary judgment: held the Deed Without Warranty conveyed no ownership (Franks had no interest to convey), declared Robinsons had an express easement and Chapter 12 standing, and initially declared Water District owner but later struck that ownership declaration; fees awarded to Robinsons and Water District.
- Court of Appeals affirmed in part; Texas Supreme Court granted review and affirmed in part, reversed award of attorney’s fees to the Water District, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument (Robinson) | Defendant's Argument (Lance/Franks) | Held |
|---|---|---|---|
| Whether deeds admitted at prior injunction hearing could be used for summary judgment | Deeds were "on file" from injunction hearing and properly referenced for summary judgment proof | Deeds were not attached to the summary-judgment motion and thus absent from summary-judgment record | Admitted exhibits were on file with the court and properly considered; no reversible error (summary evidence valid) |
| Whether declaratory relief was improper because title must be determined by trespass-to-try-title | Robinsons sought only to protect nonpossessory easement and to declare the Deed Without Warranty ineffective as to their access rights | Lances argued ownership matters and title questions require trespass-to-try-title | Declaratory action was proper for easement-related relief; trespass-to-try-title required only if a party seeks to establish superior possessory title (Robinsons need not bring trespass) |
| Standing to challenge Deed Without Warranty and ability to remove a cloud on an easement | Robinsons suffered harm from alleged fraudulent/ineffective deed to their easement and may seek declaration; they allege easement ownership for Chapter 12 standing | Lances relied on Nobles: third parties cannot generally set aside deeds procured by fraud unless defrauded | Robinsons have standing to seek declaration the deed conveyed no ownership as it harms their easement; Nobles inapplicable because harm asserted is to Robinsons, not the grantor |
| Attorney's fees & Chapter 12 declarations (fraudulent-record statute) | Robinsons awarded fees; sought Chapter 12 rulings on certain elements and standing | Lances challenged evidentiary support, standing, and that Water District’s fees were improper | Court affirmed waiver of Lances’ challenges to Robinsons’ fees and Chapter 12 arguments for this appeal; reversed and remanded the award of fees to the Water District for reconsideration because Water District’s ownership claim should be pursued as trespass-to-try-title |
Key Cases Cited
- MBank Brenham, N.A. v. Barrera, 721 S.W.2d 840 (Tex. 1986) (absence of necessary evidence from the trial court file can be substantive error)
- Martin v. Amerman, 133 S.W.3d 262 (Tex. 2004) (Declaratory Judgments Act vs. trespass-to-try-title; declaratory relief appropriate to determine rights under instruments)
- Nobles v. Marcus, 533 S.W.2d 923 (Tex. 1976) (a deed procured by fraud is voidable at the election of the grantor; limitations on third-party suits to set aside deeds)
- City of Mission v. Popplewell, 294 S.W.2d 712 (Tex. 1956) (trespass-to-try-title requires possessory/right of present possession; easement claims are nonpossessory)
- Plumb v. Stuessy, 617 S.W.2d 667 (Tex. 1981) (methods to establish title in trespass-to-try-title actions)
- Rogers v. Ricane Enters., Inc., 884 S.W.2d 763 (Tex. 1994) (party must recover on strength of own title in trespass-to-try-title)