Allowing neighbor access to road

[Wampled]

What is the name of your state (only U.S. law)? Texas
We have a lot that has an easement to the county for a road. We have 10ft of lot on the other side of the road easement. The neighbor has a roadway that exits to that easement ( although we have not given them an easement ). I realize that we cannot deny them access to the road, but my question is how many feet do we have to allow them to access their property? We want to put a fence up on the 10 ft of property that we own on the other side of the easement. Thanks

 

[justalayman]

can you explain the situation and layout a bit more?

without understanding the situation fully, about the best I can say is: if they do not have an easement on that 10 foot lot you want to fence off, they have no right to be on it...period.


do the neighbors cross your land to access the county road? If so, why do you allow it if there is no easement?

 

[Wampled]

The lot is 40 X 100. The road easement is 30 feet and goes the total length of the lot. About 50 ft (about 50 ft wide) down the neighbor has a road going into the property. This is the only way into their property. The lot they own next to our property has an inlet of water, so they have to use the county road then turn into their property. We want to put a fence up along our property line and so we will have to leave them some sort of access to their property. I would like to know how many feet of access we have to leave them so they can get in and out.

 

[Wampled]

The neighbors have started "cutting the corner" and use about 50' to access the property, cutting across our 10 feet. Is there an amount that we can limit them to, for example 20 or 30 feet?

 

[justalayman]

The lot is 40 X 100. The road easement is 30 feet and goes the total length of the lot. About 50 ft (about 50 ft wide) down the neighbor has a road going into the property. This is the only way into their property. The lot they own next to our property has an inlet of water, so they have to use the county road then turn into their property. We want to put a fence up along our property line and so we will have to leave them some sort of access to their property. I would like to know how many feet of access we have to leave them so they can get in and out.

The neighbors have started "cutting the corner" and use about 50' to access the property, cutting across our 10 feet. Is there an amount that we can limit them to, for example 20 or 30 feet?

still not real clear on the layout. If their property does not abut the county road or they have some sort of easement, they have no right to cross any of your property to access their lot. You would not have to leave them any area to access the county road from their property by crossing your property. If their lot abuts the county road, you cannot fence off any of their property from the county road.

 

[Wampled]

Their property does not abut the road, but they have had access for several years.. They don't have an easement, but I believe they could have an easement by neccessity since this is the only way to their land. Their land is bordered on the south is water, west by water, north is my strip of land with about a 50 ft road leading to their land, the east is totally my land. Kind of a peninsula. I want to limit how much of my lot they cross over, so that's why I need to know if there is a minimum number of feet I have to leave open.

 

[justalayman]

Until a court says otherwise, you don't have to leave anything open. What a court would require, if the neighbor sued for an easement by necessity is a totally open question. I would suggest they allow what is needed.

Your further explanation does bring up a question:

how did the neighbors land end up such as it is with no actual access without trespassing on your land? If it was due to a split from your land, it is very likely they would be successful in seeking an easement should it end up in court.

Easement litigation can be very expensive. You really should try to work this out with the neighbor so it doesn't go to court. It appears you are willing, at least to some extent, to allow the use of your land to access theirs. You might consider granting them an actual defined easement so you and they know what rights each have. You should have a lawyer review everything before making anything official though.

 

[154NH773]

I realize that we cannot deny them access to the road,

Yes you can. Without an easement, they have no right to trespass or use your property for access.

Until a court says otherwise, you don't have to leave anything open. What a court would require, if the neighbor sued for an easement by necessity is a totally open question.

This is the most accurate answer.

Without completely understanding how they are landlocked, it appears to me that they have access across a waterway. Water doesn't landlock a property unless it is illegal for them to bridge the waterway. Let them build a bridge, or pay you for access.

 

[Wampled]

Thank you very much. You are correct, the land was separated a long time ago. I'll see an attorney to see what we need to do