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Marcus Cable Associates, L.P. v. Krohn

Supreme Court of Texas

90 S.W.3d 697 (2002)

Relevant factsFree

A 1939 easement granted an electric cooperative the right to build "an electric transmission or distribution line or system" on the Krohns' (plaintiffs) property; the cooperative later entered a joint-use agreement letting a cable-TV provider (whose rights Marcus Cable, defendant, eventually acquired) attach cable lines to its poles. The Krohns sued, alleging Marcus Cable had no valid easement and had trespassed by placing cable wires over their property without consent; the trial court granted Marcus Cable summary judgment, and the court of appeals reversed.

IssueFree

Whether an express easement may only be used for the purposes specified in the easement's terms according to their common meaning.

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