From our private database of 39,700+ case briefs...
Nickels v. Casburg
Texas Court of Appeals
2009 Tex. App. LEXIS 4555 (2009)
P&W Co. (PWC) created a subdivision on land that it owned. PWC prepared but did not record a subdivision plat showing the subdivision’s configurations, including a portion of land labeled as a lakeside tract and identified as an easement for use by subdivision owners. PWC did not preserve the original plat but recorded the easement in the county recorder. PWC informed prospective purchasers of subdivision tracts of the easement area as an inducement and provided purchasers with copies of the subdivision plat. Property owners in the subdivision used the lakeside tract to access the lake and used a portion of land adjacent to the lakeside tract (the adjacent area), together with a boat ramp in the lakeside tract, as a turnaround area for boats. Craig and Sheila Nickels (plaintiffs) purchased two plots in the subdivision, one of which encompassed the lakeside tract and the adjacent area. The deeds and title to the plots referred to the county recorder volume with PWC’s record of the easement and to the unrecorded subdivision plat. Further, the Nickelses’ contract for one plot they purchased contained a drawing identifying the lakeside tract as an easement area with a ramp. Following their purchase, the Nickelses disputed the rights of other owners to use the lakeside tract to access the lake and sued the other subdivision property owners (the property owners) (defendants), seeking a declaratory judgment settling the respective rights of the parties over the lakeside tract. The property owners counterclaimed for a judgment affirming their right to use the lakeside tract on the grounds of express easement, easement by estoppel, and easement by prescription. The court ruled that the property owners had an easement in the lakeside tract and in the adjacent area. The Nickelses appealed.
Rule of Law
Holding and Reasoning (Patterson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 645,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 645,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 39,700 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.