Rio Bravo Oil Co. v. Weed

In Rio Bravo Oil Co. v. Weed, 121 Tex. 427, 50 S.W.2d 1080 (Tex. 1932), the Texas Supreme Court applied the presumption to the centerline rule to a railroad easement. In that case, the Court stated that "a legal presumption exists that a person conveying land situated upon a public highway or stream intends to convey to the center line thereof, in the absence of an expression of a clear and unequivocal intention to the contrary." Id. The Court, in Weed, noted that a person owning land abutting a railroad right of way enjoys important rights, including the right to have a railroad crossing, culverts and sluices installed, while the strip has little practical value to the grantor. Id. at 1084-1086. In Weed, the Court then explained: "The use of this presumption is merely the application in a different form of the familiar rule of construction which has always been enforced by the courts, that is, to indulge the presumption that a grantor intends to convey to his grantee all of the appurtenant rights incident to the beneficial enjoyment of property which he has conveyed. In other words, when a person conveys a piece of property abutting upon a public highway or nonnavigable stream it is but natural to assume, in the absence of an express reservation to the contrary, that he intends to convey the same with all of the beneficial rights enjoyed by him in its use." Id. at 1084.