Dickey v. McComb Development Co
In Dickey v. McComb Development Co., 115 S.W.3d 42 (Tex. App. -- San Antonio 2003, no pet.), the Court noted that the testimony showed that the Dickeys made improvements to and lived on the land in their mobile home from 1992 to approximately 1998. 115 S.W.3d at 45.
In 1998, the Dickeys moved off the land because deed restrictions prevented their daughter's continued participation in raising and showing animals. After the Dickeys' attempt to sell the land failed, they leased the land. Id.
Other testimony established that the Dickeys had a residence elsewhere. Id.
Rose Ann Dickey testified that they intended to move back onto the property within five years when their daughter graduated from high school; however, she was unable to commit to that date because she could not predict the future. Id.
The Dickeys did not produce any evidence of definite plans or preparations to return to the property in question. Id.
The Court held, "Viewed in the light most favorable to McComb, a trier of fact could reasonably infer from the record that the property was not going to be used as a residence by the Dickeys." Id.