TRAN v. MACHA

No. 04-1107.

213 S.W.3d 913 (2006)

Minh Thu TRAN, Norman L. Roser and Washington Mutual Bank, FA, Petitioners, v. William MACHA and Nita Macha, Respondents.

Supreme Court of Texas.

Rehearing Denied March 9, 2007.


Attorney(s) appearing for the Case

David W. Holman, The Holman Law Firm, P.C., Robert Alan York, Godwin Pappas Langley Ronquillo LLP, Larry E. Meyer, McCormick Hancock & Newton, Houston, for petitioners.

William David George, Connelly, Baker, Maston, Wotring, Jackson LLP, Anne Gibson Edwards, Edwards & George LLP, Sandra Thourot Krider, Edwards Burns & Krider LLP, Claire Swift Kugler, Edwards Burns & Braziel LLP, Houston, TX, for respondents.


PER CURIAM.

Neighboring relatives shared the use of a driveway for many years, thinking it belonged to one of them when in fact it belonged to the other. The court of appeals held this mutual mistake and mutual use transferred title by adverse possession. We disagree, and thus reverse.

In the 1920s, land on what is now Case Street in the City of West University Place in Harris County was subdivided into lots 55 feet wide. But during construction in the 1930s...

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