We, therefore, look to the Lewises' evidence establishing the landowners' donative intent. See Greenway Parks Home Owners Ass'n v. City of Dallas, 159 Tex. 46, 312 S.W.2d 235, 241 (1958). We note "[t]he intention to dedicate must be shown by something more than an omission or failure to act or acquiesce on the part of the owner."

It has also been referred to as dedication by estoppel. See Greenway Parks Home Owners Ass'n v. City of Dallas, 159 Tex. 46, 312 S.W.2d 235, 241 (1958); Poindexter v. Schaffner, 162 S.W. 22, 23 (Tex.Civ.App.-Dallas 1913, no writ) (estoppel in pais). But see Barstow, 742 S.W.2d at 504 n. 3.

The jury was instructed that the owners' donative intent "must be shown by some clear and unequivocal act or declaration of the owner evidencing an intention to set it apart to public use". (Emphasis added) Greenway Parks Home Owner's Ass'n v. City of Dallas, 159 Tex. 46, 312 S.W.2d 235, 241 (1958). Under Neal's version, only passive allowance of public use of the road was shown; there was proof that there was no clear or unequivocal act or declaration by an owner to set the road apart for public use.

362 S.W.2d 147. For the respondent to prevail in this Court, he must show dedication as a matter of law. Greenway Parks Home Owners Ass'n v. City of Dallas, 159 Tex. 46, 312 S.W.2d 235, rehearing denied, 159 Tex. 46, 316 S.W.2d 74. We cannot find support for such a holding in the facts of this case.

Id. at 869 (citing Supak v. Zboril, 56 S.W.3d 785, 790 (Tex.App.-Houston [14th Dist.] 2001, no pet.)); see Owens v. Hockett, 151 Tex. 503, 251 S.W.2d 957, 958–59 (1952). Id. (citing Greenway Parks Home Owners Ass'n v. City of Dallas, 159 Tex. 46, 312 S.W.2d 235, 241 (1958); Gutierrez, 951 S.W.2d at 839). “In order to constitute dedication by estoppel or implication there must exist a clear and unequivocal intention on the part of the landowner to dedicate the same to public use and an acceptance thereby by the public.”

As a general rule, the manifestation of an intent to dedicate must be something more than an omission, failure to act, or acquiescence on the part of the owner. Greenway Parks Home Owners Ass'n v. City of Dallas, 159 Tex. 46, 312 S.W.2d 235, 241 (1958); Gutierrez v. County of Zapata, 951 S.W.2d 831, 839 (Tex.App.-San Antonio 1997, no writ). "In order to constitute dedication by estoppel or implication there must exist a clear and unequivocal intention on the part of the landowner to dedicate the same to public use and an acceptance thereby by the public." Greenway Parks Home Owners Ass'n, 312 S.W.2d at 241.

Moody v. White, 593 S.W.2d 372, 378 (Tex.Civ.App. — Corpus Christi 1979, no writ). Implied dedication, on the other hand, requires showing unmistakable acts on the part of the landowner that clearly establish his intent to donate the land to public use. Greenway Parks Home Owners Ass'n v. City of Dallas, 159 Tex. 46, 312 S.W.2d 235, 235 (1958); Mitchell v. Rancho Viejo, Inc., 736 S.W.2d 757, 761 (Tex.App. — Corpus Christi 1987, writ ref'd n.r.e.). In addition to showing the landowner's actions unequivocally demonstrate donative intent, implied dedication requires evidence that the landowner's actions induced the belief that the landowner intended to dedicate the property to public use, that there was an offer and acceptance of the dedication, and there is a public purpose served by the dedication . Las Vegas Pecan Cattle Co. v. Zavala County, 682 S.W.2d 254, 256 (Tex. 1984).

As a general rule, the owner's donative intention may not be inferred from evidence that shows only that the public used the roadway for a long period of time without protest or dispute by the owner. Greenway Parks Home Owner's Ass'n v. City of Dallas, 159 Tex. 46, 312 S.W.2d 235 (Tex. 1958). The rationale for this general rule is that such evidence, standing alone, remains equivocal on the issue of the owner's intention.

Following annexation of the subdivision by the City of Dallas, and fulfilling the obligation with which it is charged within the by-laws of the association, the association brought a trespass to try title suit which was litigated through the Supreme Court of Texas and which resulted in a final judgment vesting legal title to Park A of Greenway Parks Subdivision in Greenway Parks Home Owners Association, without prejudice to any contingent right, title or interest which the City of Dallas might have under and by virtue of the instruments of record affecting the dedication and platting of this addition. Greenway Parks Home Owners Ass'n v. City of Dallas, Tex.Sup.Ct., 312 S.W.2d 235. The maintenance charge, above described, amounts to about seven thousand dollars per year and the association collected this charge and administered the fund, primarily for upkeep of all parks in the subdivision with the exception of Park A. Contending that Park A, separated from the principal portion of Greenway Parks Subdivision by the railway, is a 'barren, unkempt, vacant tract, covered by native grass and weeds', and not used by the property owners of Greenway Parks Subdivision as a park, as well as a lack of sufficient money to maintain the disputed area as a park, the association brought this action seeking to cancel and strike down the dedicatory provision relating to the use of Park A as a private park and to permit the association to sell, lease, or otherwise dispose of the property and use the funds thereby acquired for the benefit of the property owners of Greenway Parks.

Typically, intent to dedicate must be manifested by something over and above mere omission, failure to act, or acquiescence by the landowner. Greenway Parks Home Owners Ass'n v. City of Dallas , 159 Tex. 46, 312 S.W.2d 235, 241 (1958) ; Betts , 165 S.W.3d at 868 ; Long Island Owner's Ass'n v. Davidson , 965 S.W.2d 674, 681 (Tex. App.—Corpus Christi–Edinburg 1998, pet. denied) ; Gutierrez v. Cty. of Zapata , 951 S.W.2d 831, 839 (Tex. App.—San Antonio, 1997, no writ). Direct evidence of the landowner's donative intent is not required. Betts , 165 S.W.3d at 869 ; Supak v. Zboril , 56 S.W.3d 785, 790 (Tex. App.—Houston [14th Dist.] 2001, no pet.).