Nathan D. Albert and Chisholm Trail Redi-Mix, LLC v. Fort Worth & Western Railroad Company
690 S.W.3d 92
Tex.2024Background
- The dispute concerns a gravel road crossing a railroad tract, which provides the only access from a landlocked property (used for a concrete plant) to State Highway 171.
- The railroad tract was severed from a larger tract in 1887, with the railroad acquiring a 12.7-acre strip, separating the property from the highway.
- A license for the crossing was originally granted for personal/agricultural use in 1959/60 to a prior owner, but was not assigned to subsequent owners; successors continued to use the crossing for decades without permission.
- The railroad (Western) sent cease-and-desist letters but never physically blocked the crossing; the property’s owners continued use openly and notoriously for over 10 years.
- The trial court entered judgment on a jury verdict for plaintiffs (Albert/Chisholm Trail) on three types of easements and no trespass; the court of appeals reversed on legal/factual sufficiency grounds for the easements and remanded the trespass claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Easement by Estoppel | Continued, permitted use created an estoppel. | No legal basis for estoppel without written agreement. | Evidence legally insufficient; reversed |
| Easement by Necessity | Lack of alternate access created a necessity. | Plaintiffs’ use doesn’t meet strict necessity standard | Evidence legally insufficient; reversed |
| Prescriptive Easement | 10+ years of open, notorious, exclusive, adverse use by predecessors supports prescription. | Use not exclusive; railroad also uses the crossing. | Sufficient evidence; verdict reinstated |
| Trespass | Had right to use via easement, so no trespass. | No valid easement, so use was trespass. | Remanded for further consideration |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard for reviewing legal sufficiency of jury verdict)
- Brooks v. Jones, 578 S.W.2d 669 (Tex. 1979) (requirements for prescriptive easements in Texas)
- Drye v. Eagle Rock Ranch, Inc., 364 S.W.2d 196 (Tex. 1962) (easements appurtenant principles)
- King Ranch v. Chapman, 118 S.W.3d 742 (Tex. 2003) (scintilla of evidence standard for legal sufficiency)
- Merrell Dow Pharms., Inc. v. Havner, 953 S.W.2d 706 (Tex. 1997) (standard for reasonable juror sufficiency review)
- Lance v. Robinson, 543 S.W.3d 723 (Tex. 2018) (definition of easement and its characteristics)