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Click here for the full text of this decision FACTS:Abb Rose once owned a large tract of ranch land. On July 5, 1920, Abb severed his tract of land, keeping for himself the northern portion and conveying the southern portion to his son Pat. In 1923, Pat conveyed the northern portion of his tract to E.S. DeLoach. Since the 1923 severance, DeLoach’s property has been landlocked and without immediate access to a public road. However, the northwest corner of Abb’s property bordered what is now Highway 277/377. In 1924, Abb conveyed this corner of his land to H.I. North; and in 1931, Abb conveyed the land between the land he had conveyed to North and Pat’s land to his son Therrell. On the date of the trial, Pat’s granddaughter Sandra Rose Crone owned Pat’s original property; Acton Brumley owned the DeLoach property with a life estate in his mother Mary; T.S. Hickman, as trustee, owned the North property; and James and Anita Rollo and the Therrell Rose Pinon Ranch subdivision owned the Therrell Rose property. No recorded document expressly granted an easement to the DeLoach property north through what was once Abb’s land to Highway 277/377 or south through Crone’s Sycamore Ranch to what was once Hamilton and Standart Lanes and are now Farm-to-Market Road 2523. After they acquired the DeLoach property and until 2002, the Brumleys, as well as hunters to whom they leased, accessed their ranch from the south on a private road over Crone’s Sycamore Ranch by permission. However, after Crone noticed that water lines had been broken, household goods had been taken, a gate had been left open, livestock were missing, several head of livestock were found dead and grasses had been torn up by the hunters’ four-wheelers, Crone locked the gate on the road leading from her ranch to the DeLoach property, ultimately permitting only the Brumleys access to their property for maintenance purposes. In response, the Brumleys sued to establish an easement by necessity south through Crone’s Sycamore Ranch to Farm-to-Market Road 2523. The jury found that when Pat Rose conveyed the property to DeLoach in 1923, the necessary and only reasonable access to the DeLoach property was south across the current Crone property to Farm-to-Market Road 2523. The trial court signed a judgment awarding the Brumleys an easement by necessity south across Crone’s property to Farm-to-Market Road 2523. Crone appealsed on legal and factually sufficiency grounds. HOLDING:Reversed and rendered. The court concluded that Abb’s 1920 severance created in Pat an easement of necessity north over Abb’s land to Highway 277/377. Pat transferred this implied easement of necessity to DeLoach in 1923, who transferred it to the Brumleys, the court found. The court noted that trial testimony established that the road from the DeLoach property south across Crone’s Sycamore Ranch to Highway 2523 was merely more convenient than the northern road leading to Highway 277/377, which was impassable without a four-wheel drive vehicle. But the impassability of the road did not give rise to an easement of necessity, the court found. Thus, because there was no evidence that a public road abutted the Crone’s Sycamore Ranch on the south in 1923 and there was conclusive evidence of legal access to the Brumley Ranch from Highway 277/377 to the north, the court held that the evidence was legally insufficient to support the jury’s findings, reversed the trial court’s judgment and rendered a take-nothing judgment. OPINION:Duncan, J.; Duncan, Angelini and Speedlin, J.J.

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