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Fuqua v. Oncor Electric Delivery Co.

Because the court must attempt to harmonize and give effect to all parts of the document granting the easement, it rejected the appellant's contention that it should ignore the general conveyance language and the description of the easement as beginning at a certain point and continuing for 9,905 feet to a certain ending point. Given the facts, the Statute of Frauds was satisfied and the trial court properly determined as a matter of law that an express easement existed across the appellant's land. The first issue is overruled. Eastland Court of Appeals, No. 11-08-00117-CV, 04-01-2010

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OPINION

This is an appeal from a final judgment enjoining Owen Fuqua and Norma Fuqua from using an airstrip on their property because the airstrip crossed an easement owned by Oncor Electric Delivery Company. Owen, an experienced pilot, sometimes flew his small planes under Oncor’s high voltage power line when landing on his airstrip, which was perpendicular to the power line with one end extending under the power line and across the easement. The trial court entered a partial summary judgment, finding as a matter of law that Oncor had an easement across the Fuquas’ land, and a jury trial was conducted to determine if the airstrip violated that easement. The jury found that the airstrip constituted an “obstruction” to Oncor’s easement. The trial court subsequently entered a final judgment enjoining the Fuquas’ use of the airstrip and awarding attorney’s fees to Oncor. The Fuquas appeal. We affirm in part, vacate and remand in part, and reverse and render in part.

Norma Fuqua presents eight issues on appeal, and Owen Fuqua presents the same eight issues but also adds a ninth issue in his brief. In the first issue, the Fuquas contend that their land is not burdened by an easement to Oncor or its predecessors and that the alleged easement fails to describe the Fuquas’ land.

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