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Bryer v. Woodlands Land Development Company, L.P.

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MEMORANDUM OPINION

In two issues, Michael Bryer challenges the trial court’s judgment declaring an easement and the assessment of attorney’s fees. We affirm the judgment of the trial court.

Bryer, The Woodlands Land Development Company, L.P. (“Woodlands”), KWAW, LLC (“Keller”), Montgomery County, Woodforest National Bank (“Woodforest”), and Brazos Transit District (“Brazos”), are owners or lienholders of property in the Isaac Mansfield Survey in Montgomery County, Texas. Bryer owns a 4.000 acre tract known as “Drill Site No. 3.” Montgomery County owns a 4.000 acre tract known as the “Library Tract.” Keller owns a 1.422 acre tract adjacent to the Library Tract. Woodforest financed Keller’s purchase. Woodlands owns a tract of land adjacent to the Library Tract and Drill Site No. 3. The parties acquired their property interests through predecessors in common title Champion Realty Corporation (“Champion”) and Land Locators of Texas, Inc. (“Land Locators”). Bryer contends that he holds a 30′ express easement over the Keller and Library Tracts through a deed from Champion to Land Locators. Champion retained the right to relocate the easement granted in the deed to Land Locators. Appellees contend that Woodlands purchased that right and relocated the easement to a new location on the Woodlands tract with direct access to Ashlane Way, a public road adjacent to the tracts owned by Woodlands, Montgomery County, and Keller.*fn1 Bryer contends the trial court erred in making a declaratory judgment that Bryer has no ingress or egress rights, express or implied, other than the easement relocated by Woodlands.

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