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Sorrell v. Gengo

To create an easement by estoppel it must be proven that a representation was communicated to the promisee, the representation was believed, and there was reliance upon such communication.

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OPINION

This is an appeal from a judgment rendered by the trial court sitting as factfinder in a non-jury trial. The judgment grants appellee, Kenneth D. Gengo, Jr., a permanent easement across property owned by appellants. The judgment also grants appellants, Bobby J. Sorrell and Shelby J. Sorrell, a drainage easement in order to maintain a drainage pipe located on property owned by appellee. Upon request by appellants, the trial court filed findings of fact and conclusions of law. Appellants complain of the legal and factual insufficiency of various findings of fact by the trial court. The two conclusions of law, upon which appellants also raise complaints of legal and factual insufficiency, are that (1) appellee is entitled to a permanent ingress- egress easement by implication across appellants’ property, and (2) appellee is entitled to a permanent ingress-egress easement by estoppel across appellants’ property.

“While findings of fact issued in a bench trial have the same force and dignity as a jury’s verdict, the trial judge’s findings of fact are not conclusive when there is a complete statement of facts in the record.” Pebble Beach Property Owners’ Ass’n v. Sherer, 2 S.W.3d 283, 287 (Tex. App.–San Antonio 1999, pet. denied). “Conclusions of law are reviewable when attacked as a matter of law, but not on grounds of sufficiency of the evidence, as if they were findings of fact.” City of Beaumont v. Spivey, 1 S.W.3d 385, 392 (Tex. App.–Beaumont 1999, pet. denied)(quoting Arthur M. Deck & Assocs. v. Crispin, 888 S.W.2d 56, 60 (Tex. App.–Houston [1st Dist.] 1994, writ denied)). And although a trial court’s conclusions of law may not be challenged for factual insufficiency, the reviewing court may examine said conclusions independently and then examine the legal conclusions drawn from the facts to determine their correctness. Id.

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