Houston Bellaire, Ltd. v. TCP LB Portfolio I, L.P.

981 S.W.2d 916 (1998)

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Houston Bellaire, Ltd. v. TCP LB Portfolio I, L.P.

Texas Court of Appeals
981 S.W.2d 916 (1998)

  • Written by Rose VanHofwegen, JD
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Facts

Developers purchased two adjacent tracts of land as a part of a two-phase office-building project, although technically different entities owned each tract. The developers completed a building on the north tract in 1977 and one on the south tract in 1980. Instead of building a separate driveway, the developers widened the existing one, located entirely on the north tract. In 1986, the predecessor of Houston Bellaire, Ltd. (defendant) purchased the north building out of foreclosure. In 1996, TCP LB Portfolio I, L.P. (plaintiff) began negotiations to purchase the south building and asked Houston for a cross-easement agreement allowing use of the north building’s driveway and parking lots. Houston refused, intending to build a wall between the properties, but offered TCP a lease. TCP purchased the south building without agreeing to the lease. Both buildings used the driveway and parking lots until 1997, when Houston began building a fence. TCP sued to establish its right to an easement. The trial court granted TCP an easement by implication. Houston appealed.

Rule of Law

Issue

Holding and Reasoning (Hedges, J.)

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