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Thread: Right of way Easement issue and question

  1. #1
    Join Date
    May 2011
    Location
    Outside of Navasota Texas
    Posts
    531

    Default Right of way Easement issue and question

    I am needing some advice. My wife and I recently purchased a home with around thirty acres a barn and separate workshop. The land we purchased was part of a larger piece. The rest of the was divided up for sellers four adult children. Three of the kids won't speak with the parents. I guess their mad they did not get all of the land.

    The way the land is divided, there is a need for three different right of way easements. I am supposed to have access to my land by two of them, but I am being blocked out of the second. I did know about the problem before we purchased the land. I was hoping after living there nine months the kids would cool off and be reasonable. I do not think if I called and talked to them now it would do any good.

    I can access all of my land, but access to the barn and shop is not optimal. there is only six foot or less from the rear barn door and the only roll up door on the shop to the daughters fence.

    The daughter that owns the land with the right of way on it had a survey done that seems to say that the twenty foot easement on her land starts in the middle of the gravel road and falls about two feet short of touching my land. So she put up a fence that blocks my access to my shop and barn. She claims I have a right to drive down the road but not cross the two foot strip to get to my buildings. The whole purpose of the right of way was to allow access to my two buildings.

    The parents never contested the daughters survey. I want to get this resolved but I don't think talking to her is going to work. I am going to visit the county clerks office and pick up all the applicable documents and possibly talk with a third survey company.

    What else can I do?

  2. #2

    Default

    How many deer do you have their, Would seem if the deer keep knocking the fence down it would be a none issue :-)

    Jason

  3. #3
    Join Date
    Mar 2010
    Location
    Long Island, NY
    Posts
    3,746

    Default

    Quote Originally Posted by ja5onl6 View Post
    How many deer do you have their, Would seem if the deer keep knocking the fence down it would be a none issue :-)

    Jason
    What he said!

    Joe-NY

  4. #4
    Join Date
    Dec 1969
    Location
    Lake LBJ, Texas
    Posts
    8,128

    Default

    There is NO landlocked land in Texas. If you have driven that road even one time, you have set a precedence. They can't change their mind about access once given unless a mutually agreed upon alternate route is designated. I am not an attorney, nor am I attempting to offer legal advise. You will probably need an attorney, or see if she will sell you the necessary footage.

    Also, if there was a survey and plat present at closing, designating that easement, then you have purchased that easement or the sellers had implied that you have purchased the easement. Misrepresentation at a real estate deal can make the seller liable for treble damages. Probably going to need an attorney. That sucks. Then again, you might try contacting your realtor and ask him to intervene with the sellers agent. They both will know the potential cost of misrepresentation.
    Last edited by KINGCHIP; 04-15-2013 at 05:45 PM.
    Once on safari in deepest darkest Afganistan we ran out of Gin, and were compelled to survive on food and water for several days.


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  5. #5
    Join Date
    Aug 2007
    Posts
    5,050

    Default

    Quote Originally Posted by KINGCHIP View Post
    There is NO landlocked land in Texas. If you have driven that road even one time, you have set a precedence. They can't change their mind about access once given unless a mutually agreed upon alternate route is designated. I am not an attorney, nor am I attempting to offer legal advise. You will probably need an attorney, or see if she will sell you the necessary footage.

    Also, if there was a survey and plat present at closing, designating that easement, then you have purchased that easement or the sellers had implied that you have purchased the easement. Misrepresentation at a real estate deal can make the seller liable for treble damages. Probably going to need an attorney. That sucks. Then again, you might try contacting your realtor and ask him to intervene with the sellers agent. They both will know the potential cost of misrepresentation.
    Yup, easement appurtenant is what they call that.
    Common sense is so uncommon nowadays it ought to be reclassified as a super power

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