Tran v. Macha
Texas Supreme Court
213 S.W.3d 913 (2006)
- Written by Eric Cervone, LLM
Facts
For several decades, the owners of two separate houses, lot 5 and lot 6, used a single driveway that led to garages on each of their properties. During this period, it was assumed that the driveway was on lot 5. However, in actuality, the driveway was on lot 6. In 1995, Minh Thu Tran and Norman Roser (defendants) bought lot 6. In 2001, William and Nita Macha (plaintiffs) purchased lot 5. When the Machas performed a survey, they discovered that the driveway was not on lot 5. The Machas then secured a quitclaim deed conveying to them any interest the previous owner of lot 5 might have acquired in the driveway through adverse possession. When Tran and Roser learned of the survey, they erected a fence around the driveway. The Machas sued. The trial court and appeals court ruled in favor of the Machas, holding that the previous owner’s use of the driveway, and all parties’ mistaken belief in the ownership of the driveway, sufficiently created an adverse possession.
Rule of Law
Issue
Holding and Reasoning (Per curium)
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