Pick v. Bartel

McGEE, Justice.

We must determine the validity of a purported easement asserted by the Picks on a tract of land owned by the Bartels. The trial court, based upon a jury finding, rendered judgment decreeing an easement across the 25-acre Bartel tract. The court of appeals reversed and rendered judgment for Bartel. 643 S.W.2d 224. We affirm the judgment of the court of appeals.

Andrew Truebenbach owned two adjacent tracts of land, one containing 165 acres and the other, 25 acres. Truebenbach sold the 165-acre tract to Pick. The deed, dated August 20, 1971, contained the following language:

Grantors…