Posted 09 November 2007 - 02:52 PM
WHEN considering leasing on your tract (if you decide to do it), one thing to consider is whether the landmen have accurately calculated the area of your property. There are circumstances where the right-of-way of the street has not been deeded to the public in fee simple, so it is possible that you own the minerals under the street as well as your lot. Please check with a lawyer or other knowledgeable professional to confirm whether this applies to your situation. But, for your consideration, I present some head notes from the case of:
Cantley v. Gulf Production Co.
118 S.W.2d 448
Tex.Civ.App. 1938.
March 3, 1938.
Appeal from District Court, Gregg County; Will C. Hurst, Judge.
Action in trespass to try title by Mary E. Cantley and others against the Gulf Production Company and others, wherein Ben Laird intervened. From a judgment for defendants, plaintiffs appeal.
Affirmed.
[1] 59 Boundaries
59I Description
59k1 9 Roads, Ways, and Public Grounds
59k20 Public Ways
59k20(1) k. In General
A conveyance of land bounded on a street or highway carries with it the fee to the center thereof, subject to the easement of public way, if grantor owned to the center and there are no words of specific description showing contrary intent.
[2] 59 Boundaries
59I Description
59k19 Roads, Ways, and Public Grounds
59k20 Public Ways
59k20(5) k. Description with Reference to Map and Quantity Intended to Be Conveyed.
Where land is conveyed by reference to a map or plat showing land bounded by a highway, street, or alley, public or private, the grant extends to the center of such way in absence of clear showing to the contrary, if grantor owns so far, notwithstanding that plat shows lines of lot stopping at exterior line of way.
Be aware of your rights.
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