Horner v. Heather

397 S.W.3d 321 (2013)

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Nature of the Case

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Facts

In 1945, P's father purchased 256 acres of land in Henderson County, Texas, and began raising cattle. In 1951, Joe Reid, D's father, purchased the property north of Ps' tract. At the time of Reid's purchase, a quarter mile dirt roadway began at the entrance to Reid's property on Farm-to-Market Road 4072, went through his property, and ended at P's tract. P testified that Reid told P's father he could go down the road anytime he wanted to, and that Reid did not have any objections to his going down the road as long as he shut the gates. D testified that Reid told her he let P's father 'go down there, but he doesn't bother anything.' However, she noted that her father also said: 'but if he ever does I'll re-route him.' P and D inherited their respective tracts of land. P approached D and asked if she would give him an easement over the roadway at issue. D declined. P filed suit stating that a right to use the roadway existed, that the representation was communicated to Ps and their predecessors in title and that the Ps and their predecessors in title believed and relied on that representation. The trial court entered a judgment awarding an easement by estoppel to Ps. D appealed.