Deep Dives: Making Texas Real Estate Law Understandable

This episode explores a brand new Texas Supreme Court decision in Cactus Water Services, LLC v. COG Operating, LLC (No. 23-0676 (June 27, 2025)) that definitively resolves the characterization of produced water ownership. Summary by Trey Wilson, Texas Real Estate and Water Law Attorney in San Antonio The Court affirmed that produced water is an inherent and inescapable byproduct of oil and gas pro...

Case: Green v. Century Oak Wind Project, LLC Court: Court of Appeals of Texas, Eleventh District, Eastland Date: December 12, 2024 Case Number: No. 11-23-00125-CV Overview This case involves an appeal by landowners challenging the trial court's dismissal of their nuisance lawsuit against the developers of a wind turbine project on a neighboring property. The trial court dismissed the case based on...

Case: Pedernales Electric Cooperative, Inc. (PEC) v. Samuel S. White, Janette Barlow, Gregory Colon and Stephanie Colon (Landowners) Significance: This case establishes a precedent for broadly interpreting easement language in favor of grantees, especially in the context of public utilities. It reinforces the right of easement holders to adapt their use to technological advancements and meet evolv...

Case: JBrice Holdings, L.L.C. v. Wilcrest Walk Townhomes Ass'n Court: Supreme Court of Texas Date: April 22, 2022 Summary: This case concerns the legality of a homeowner's association (HOA) prohibiting short-term rentals within a townhome community. The Supreme Court of Texas ultimately ruled in favor of the homeowner, JBrice Holdings, finding that neither the community's deed restrictions nor the...

Case: George Lesieur v. Timothy & Sandra Fryar, Cynthia Morales d/b/a Morales Realty, and Cynthia Gonzalez Court: Texas Court of Appeals, Fourth Court of Appeals, San Antonio Date: March 10, 2010 Significance: This case highlights the critical role of pre-purchase inspections in real estate transactions. The court's ruling suggests that buyers who conduct thorough inspections, even if those in...

Case: Dayston, LLC (Appellant) v. Jonathan D. Brooke (Appellee) Court: Court of Appeals of Texas, Eastland Date: October 8, 2020 Case Number: No. 11-18-00288-CV Significance: Highlights the importance of precise and complete property descriptions in real estate contracts. This case serves as a reminder that even with clear intent between parties, failing to meet the Statute of Frauds’ requirements...

Case: Albert v. Fort Worth & W. R.R. Court: Supreme Court of Texas Date: February 16, 2024 Significance: This case clarifies the application of prescriptive easement principles in Texas, highlighting the importance of open, notorious, continuous, and exclusive use adverse to the landowner's rights for the required period. It also distinguishes between using the same "way" and using the propert...

Southwestern Electric Power Co. v. Lynch Court: Supreme Court of Texas Date Decided: February 28, 2020 Case Citation: 595 S.W.3d 678 Parties: Petitioner: Southwestern Electric Power Company (SWEPCO) Respondents: Kenneth Lynch, Tommy Batchelor, and Twant Wilson (Landowners) Significance: The case reaffirms the legal concept of "general easements" in Texas and clarifies their scope. It highlights th...

Case: Crosstex North Texas Pipeline, L.P. v. Andrew Gardiner and Shannon Gardiner Court: Supreme Court of Texas Date: June 24, 2016 Citation: 505 S.W.3d 580 Subject: Private Nuisance Main Themes: This case grapples with defining "nuisance" under Texas law, clarifying its elements, and outlining the different standards of liability for causing a nuisance. Significance: This case provides much-neede...

Case: Uptown Cars, Inc. v. Newcastle Management Trust and Jerry Landers Court: Texas Court of Appeals, Third District, at Austin Case No.: 03-22-00422-CV Date: October 31, 2024 Subject: Dispute over easement rights to access Lake Travis. Summary: This case involves a dispute between a non-waterfront property owner, Uptown Cars, Inc. (Uptown), and its waterfront neighbors, Newcastle Management Trus...

Case Name: Jeffrey Hammond and Callie Hammond, Appellants v. Crista L. Hanser, Jeffrey W. Connell, Michael W. Clapp, DSJMM, LLC and Flutobo, Inc. D/B/A Keller Williams Realty Northeast, Appellees Court: Court of Appeals for the First District of Texas Case Number: NO. 01-22-00707-CV Date of Opinion: October 31, 2024 Presiding Judge: Justice Richard Hightower Background: This case involves a disput...

Groundwater Rights in Texas Texas adheres to the "absolute ownership" rule, meaning landowners possess absolute ownership of the groundwater beneath their property. This right, established through common law and upheld by the Texas Supreme Court, allows landowners to produce unlimited groundwater for beneficial use without liability for impacts on neighboring properties, as long as no waste occurs...

Legal Title vs. Equitable Title in Texas Real Estate1. What is the difference between legal title and equitable title? Legal title represents lawful ownership of a real estate property and is typically evidenced by a deed recorded in the county's public records. It usually includes the right to possess, use, enjoy, and transfer the property. Equitable title , on the other hand, signifies a benefic...

Case: Ivy v. Garcia, Tex Court of Appeals, 3rd Dist. 2019 Filed: August 9, 2019 Appellate Court Holding: Reversed and Remanded Summary: This case involves a dispute over alleged misrepresentations and non-disclosures by sellers (the Garcias) in the sale of their home to the buyer (Ivy). The primary legal question centers on whether an "as-is" clause in the purchase contract shields the sellers fro...

Case Briefing: Muniz v. Dugi (2022) Case: Alberto & Bridget Muniz (Appellants) v. Mike & Mary Ann Dugi (Appellees) Court: Court of Appeals of Texas, Fourth District, San Antonio Date: May 11, 2022 Case No: 04-20-00528-CV Presiding Judge: Honorable M. Rex Emerson Main Issues: Boundary Dispute: Determining the accurate boundary line between two adjoining waterfront properties in the Pebble B...

Case: Heights Property Management, LLC (HPM) v. Joyce Marie Scales Court: Court of Appeals for the First District of Texas Date: October 22, 2024 Case No.: 01-22-00750-CV Subject: Specific Performance of a Residential Real Estate Contract Summary: HPM, a real estate investment company, sued Joyce Marie Scales seeking specific performance of a contract to purchase her home. The trial court ruled in...

Case: R.R. Yalamanchili, Appellant v. Chayn Mousa, Appellee Court: Court of Appeals of Texas, Fourteenth District, Houston Date: April 22, 2010 Case Number: NO. 14-08-00491-CV Subject: Nuisance, Trespass, Statute of Limitations, Permanent Injunction Summary: This case involves a property dispute between R.R. Yalamanchili, a homeowner, and Chayn Mousa, the owner of an adjacent shopping center. Yala...

This document summarizes key themes and important facts from five Texas court cases regarding easements. The cases provide insights into different types of easements, requirements for their establishment, and relevant legal arguments. Important Facts and Legal Arguments: 1. Cores v. LABORDE (2018) The court upheld an easement by estoppel based on representations by the prior owner of the servient...