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Property Keyed to French
Martin v. Cockrell
Citation:
335 S.W.3d 229 (Tex. App. 2010)Facts
The Martin family had been using a road across the Cockrells’ property since at least the 1940s to access their land, which otherwise had no direct access to a public road. The Martins maintained the road and installed cattle guards. In 2007, the Cockrells blocked access to the road, prompting the lawsuit. The Cockrells presented evidence that the use had always been permissive, including testimony from James Cockrell that his father had allowed the Martins to use the road. The Martins argued their use was adverse and had been for more than the required statutory period, pointing to their maintenance of the road and installation of improvements as evidence of their claim of right.
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