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Gene Milligan appealed a trial court's ruling that an easement he held across land owned by his ex-spouse, Marilisa Niebuhr, was terminated by their 1995 divorce decree. Milligan had purchased an 8.98-acre tract (Peach Orchard) with an easement across Lot 13 for river access. Niebuhr later purchased Lot 13, and they married and divorced. The divorce decree awarded Lot 13 to Niebuhr and the Peach Orchard to Milligan, explicitly divesting each of all rights, title, and interest in the property awarded to the other. Milligan continued using the easement, leading to a dispute. The trial court found the easement terminated, and the appellate court affirmed, interpreting the agreed divorce decree as a contract that unambiguously divested Milligan of any interest in Lot 13, including the easement, as an easement is an interest in the servient estate.
Milligan v. Niebuhr is a workers' compensation case decided in Texas Court of Appeals, 3rd District (Austin). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 3rd District (Austin).
Full Decision Text1 Pages
Gene Milligan appealed a trial court's ruling that an easement he held across land owned by his ex-spouse, Marilisa Niebuhr, was terminated by their 1995 divorce decree. Milligan had purchased an 8.98-acre tract ("Peach Orchard") with an easement across Lot 13 for river access. Niebuhr later purchased Lot 13, and they married and divorced. The divorce decree awarded Lot 13 to Niebuhr and the Peach Orchard to Milligan, explicitly divesting each of all rights, title, and interest in the property awarded to the other. Milligan continued using the easement, leading to a dispute. The trial court found the easement terminated, and the appellate court affirmed, interpreting the agreed divorce decree as a contract that unambiguously divested Milligan of any interest in Lot 13, including the easement, as an easement is an interest in the servient estate.
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