PRESCRIPTIVE EASEMENT: Lessee of State school lands had standing to claim an easement over subdivision roads for farming equipment even though the State was not claiming an easement… preliminary injunction against lessee reversed, remanded for consideration of his easement claim against subdivision owners… Vannatta reversed. [Read more…]
Easement, Notice of Purchaser’s Interest
EASEMENT: Claim to easement based on reference in Notice of Purchaser’s Interest in contract for deed properly rejected… Marks affirmed. [Read more…]
Easement, implied by preexisting use, Legion park access
EASEMENT: Legion post properly found to have implied easement by preexisting use to access park dedicated in 1944 “for returning servicemen and the public” against challenge by surrounding ranch… fees improperly awarded without reasonableness hearing… Cybulski affirmed, reversed. [Read more…]
Title insurance, interests quitclaimed to trusts
TITLE INSURANCE lapsed after named insureds quitclaimed interests in property to trusts, no coverage of access claim by heirs… Cavan/Watters. [Read more…]
Easement, $53,186 fees/costs, Legion Post park access
EASEMENT: $51,705 fees, $1,480.83 costs awarded American Legion post forced to defend its access to park dedicated in 1944 “for returning servicemen and the public” against challenge by current owners of surrounding ranch… Cybulski. [Read more…]
Easement, 1944 park gift
EASEMENT: Access to American Legion park began with gift by ranchers in 1944, matured by mid-50s, not abandoned… Cybulski. [Read more…]
Trustee’s sale, legal description scrivener’s error
TRUSTEE’S SALE not lawful because of mutual mistake in legal description due to scrivener’s error cutting parcel in half and clouding neighbor’s title, Trustee and purchaser had authority to foreclose and right to rescind defective deed… Note remains unpaid and enforceable, deed of trust remains subject to judicial foreclosure… Eddy. [Read more…]
Cotenancy adverse possession
COTENANCY ADVERSE POSSESSION: Possessory cotenants established ownership of entire property (except minerals) by adverse possession after entry under color of title via a recorded deed that purported to convey entirety. . . Cybulski affirmed. [Read more…]
Quiet title, ouster of cotenants, oil & gas
QUIET TITLE: Cotenants “ousted” from oil & gas property via fee titles and adverse possession… Cybulski. [Read more…]
Easement, overflow/recreation use of 2nd lot
EASEMENT: Access to residence on one lot and to overflow/recreation use of 2nd lot do not establish prescriptive easement for residence on 2nd lot… Manley. [Read more…]