John P. Boerschig v. Rio Grande Electric Cooperative, Inc.

Summary

The Supreme Court of Texas considers whether an electric cooperative established an easement by estoppel for a distribution line crossing a ranch and whether a later upgrade exceeded the easement’s scope. The Court holds that legally sufficient evidence supports the easement by estoppel, but concludes that the upgraded line exceeded its scope as a matter of law. It reverses the court of appeals, renders judgment for the purchaser on his trespass claim, and remands for further proceedings.

Holdings

1. Legally sufficient evidence supported the jury's finding of an easement by estoppel because the unrecorded Dooley Document supplied evidence of a representation that an electric-line easement existed, Rio Grande believed and relied on that representation by constructing and maintaining the original line, and Boerschig had actual notice of the visible line when he purchased the ranch.
2. The upgrade exceeded the scope of the easement by estoppel as a matter of law and constituted trespass because the easement's scope was limited to the reliance interest created by the original line, Boerschig had notice only of the existing visible line and not of a materially expanded use, and Rio Grande offered no evidence that the upgrade was reasonably necessary to continue serving existing customers.

Questions Presented

1. Whether legally sufficient evidence supported the jury's finding that Rio Grande held an easement by estoppel.
2. Whether Rio Grande's upgrade of the electric distribution line exceeded the scope of its easement by estoppel and therefore constituted trespass.

Disposition

reversed_and_remanded