(Download) "Betts v. Reed" by In the Court of Appeals Sixth Appellate District of Texas at Texarkana * eBook PDF Kindle ePub Free
eBook details
- Title: Betts v. Reed
- Author : In the Court of Appeals Sixth Appellate District of Texas at Texarkana
- Release Date : January 27, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This appeal arises from a dispute between two landowners, Carrie Betts and Hermon Reed, Jr., over a narrow road running across Betts property and leading to Reeds property. This road is located in Red River County and is sometimes known as Tyson Road. Contending the road had been a public road for at least ninety years, Reed filed a declaratory judgment action against Betts concerning the status of Tyson Road and sought damages for the denial of its use. The trial court found Tyson Road had been impliedly dedicated to public use, abandoned, and then acquired by Reed through prescription. Betts contends the evidence is legally and factually insufficient to support the finding that Reed established a private easement by prescription and to support the damages awarded. In response, Reed contends the evidence is sufficient to support the trial courts judgment under three separate theories: implied dedication, public prescription, or a private prescription. We affirm the trial courts judgment in part and reverse in part. There is sufficient evidence Tyson Road had been impliedly dedicated to public use, but the evidence is legally insufficient that it had been abandoned.