pjc-oil-and-gas-2022-lib

PJC 302.4

I MPROPER U SE OF R EAL P ROPERTY

PJC 302.4

Question and Instruction on Trespass

QUESTION ______ Did Don Davis trespass on Paul Payne ’s property?

“Trespass” means [ an entry on/use of ] the property of another without hav ing consent or authorization of the owner. To constitute trespass, [ entry on/use of ] another’s property need not be in person but may be made [ by causing or permitting a thing to cross the boundary of the property/by a use of the prop erty that is in excess of that reasonably necessary to extract and produce the minerals ]. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 302.4 is appropriate in cases involving an unauthorized physi cal entry on property (including continued use after authorization lapses, such as con tinued production of minerals after lease termination), causing or permitting a thing to cross the boundary of the property, or use of the property in excess of that reasonably necessary to extract and produce minerals. Brown v. Lundell , 344 S.W.2d 863, 866 (Tex. 1961) (uses of the surface in excess of those reasonably necessary to explore for and produce minerals may be considered a trespass); Gregg v. Delhi-Taylor Oil Corp. , 344 S.W.2d 411, 416 (Tex. 1961) (entry on another’s land need not be in person but may be made by causing or permitting a thing to cross the boundary of the premises). The definition may need to be modified to fit the type of trespass at issue. See Crosstex North Texas Pipeline, L.P. v. Gardiner , 505 S.W.3d 580, 603 n.17 (Tex. 2016). There is no cause of action for trespass against cotenants. Byrom v. Pendley , 717 S.W.2d 602 (Tex. 1986). For a discussion distinguishing nuisance from trespass, see Crosstex North Texas Pipeline, L.P. , 505 S.W.3d at 603 n.17. See the current edition of State Bar of Texas, Texas Pattern Jury Charges—General Negligence, Intentional Personal Torts & Workers’ Compensation ch. 12 for a discussion on private nuisance. Source of question and instruction. PJC 302.4 is derived from Environmental Processing Systems, L.C. v. FPL Farming, Ltd. , 457 S.W.3d 414 (Tex. 2015), and Brown , 344 S.W.2d at 866. Physical and subsurface trespass. For trespass claims other than those resulting in production, see the recent discussion of physical trespass in Lightning Oil Co. v. Anadarko E&P Onshore, LLC , 520 S.W.3d 39 (Tex. 2017); Environmental Processing Systems, L.C. v. FPL Farming, Ltd. , 457 S.W.3d 414 (Tex. 2015); and FPL Farming,

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