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Wilderness Cove, Ltd. v. Cold Spring Granite Company

The specific conveyance of an in situ granite deposit created a severable mineral estate.

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Wilderness Cove, Ltd. (“Wilderness Cove”) appeals the judgment of the trial court declaring that Cold Spring Granite Company (“Cold Spring”) holds an undivided interest in the granite on the property that is the subject of this lawsuit, and that Cold Spring may enter that property to quarry and remove its granite. The issues presented by this appeal are: (1) did the acquisition of the granite by Cold Spring’s predecessor give it a severable estate in land, i.e., the granite deposit in place, and if so, (2) is the severable granite estate the dominant estate? These appear to be issues of first impression. *fn1 The trial court answered both questions in the affirmative. We will affirm the judgment of the trial court.

BACKGROUND

The controversy between Wilderness Cove and Cold Spring focuses on an approximately 300-acre tract of land in Burnet County (the “Property”). Ownership of the Property originally passed from the state to private individuals in 1845. By 1890, title to the Property was held in fee by G.W. Lacy and four others as tenants in common. In 1890, Lacy and two of his cotenants conveyed their interest in the granite located on the Property to the Texas Capitol Granite Company (“Texas Granite”). *fn2 The deed conveyed “all of our interest in and to the Granite on the . . . land together with the necessary right of way to the extent of our interest in the same for constructing a Rail Road and for quarrying and handling the said Granite.” *fn3 The crux of this appeal involves the legal implications of this conveyance.

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