Legal Opinion

Tran v. MacHa

Texas Supreme Court

Decided December 1, 2006No. 04-1107PublishedCited by 86 opinions

1Per curiam

Neighboring relatives shared the use of a driveway for many years, thinking it belonged to one of them when in fact it belonged to the other. The court of appeals held this mutual mistake and mutual use transferred title by adverse possession. We disagree, and thus reverse.

In the 1920s, land on what is now Case Street in the City of West University Place in Harris County was subdivided into lots 55 feet wide. But during construction in the 1930s and '40s, several houses were built on the mistaken assumption that the lots were only 50 feet wide. As a result, each house was increasingly shifted…

2Cases cited12 opinions

  1. Rhodes v. CahillTexas Supreme Court · 1990
  2. Ricks v. GrubbsTexas Supreme Court · 1948
  3. Brooks v. JonesTexas Supreme Court · 1979
  4. McDonnold v. WeinachtTexas Supreme Court · 1971
  5. Bywaters v. GannonTexas Supreme Court · 1985

7 more not listed; retrieve them via the Exa API.

3Cited by86 opinions

  1. BP America Production Co. v. MarshallTexas Supreme Court · 2011
  2. Allen v. AllenCourt of Appeals of Texas · 2008
  3. Boerschig v. SOUTHWESTERN HOLDINGS, INC., Texas Court of Appeals, 8th District (El Paso)2010
  4. BP America Production Co. v. Marshall, Texas Court of Appeals, 4th District (San Antonio)2009
  5. Kazmir v. Benavides, Texas Court of Appeals, 14th District (Houston)2009

81 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API