Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Wilderness Cove, Ltd. v. Cold Spring Granite Company

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Deputy District Attorney III

Join the Mendocino County District Attorney s Office and work in Mendocino County home to redwoods, vineyards and picturesque coastline. ...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements