Guenther v. Amer-Tex Constr. Co – Case Brief Summary (Texas)

In Guenther v. Amer-Tex Constr. Co., 534 S.W.2d 396 (Tex. Civ. App.--Austin 1976, no writ), the only reference to the land to be conveyed was a map. 534 S.W.2d at 396-97.

The map referenced two roads, two fences, and a utility line to establish the boundaries of the land. Id.

One of the fences bordered a park. Id.

The court recognized that the two roads and the fence bordering the park could likely be found. Id. at 398.

It held, however, that the type of utility line--such as electric, telephone, or gas--forming one of the borders was not identified. Id.

Even if this utility line could be identified, the last border was a fence that was not identified in any way. Id. Because there was no indication of the location of the fence, the size of the property or the length of the borders, there was no information to fill in what would be needed to identify this last border either. See id.