Dedication of Highways in Texas

Abstract

This note discusses the methods for establishing highways in the State of Texas with the focus being on common-law dedication. In general, dedication is the intentional appropriation or donation of land or of an easement or interest therein by its owner for some proper public use. The elements essential to the creation of a valid dedication include a person competent to dedicate, a public purpose that will be served by the dedication, an offer of dedication, and an acceptance of the offer. Though there are, and have been, many uses for dedications, the most common use of dedication is as a highway. The existence of a valid dedication must first be based on an intention of the landowner to devote his land to public use. Whether the grantor had intent to dedicate is a question of fact. An intention to dedicate land to a public use may be evidenced by oral declarations, which may be sufficient without more to constitute an offer of dedication. A dedication is not a conveyance; therefore a writing is not necessary and the statute of frauds is regarded as inapplicable to this kind of transfer. As in the case of the intention to dedicate, the intention to accept may be presumed as a matter of law when there is no evidence sufficient to characterize the public’s use of the land in controversy. Finally, the public use need not be for any particular length of time as it need not correspond with any of the periods of time mentioned in the statute of limitations. All that is requisite is that the use should be for such a period that it may fairly be inferred that the public desire to accept exists.