Can I make them keep the gates closed?

[hardwareman]

What is the name of your state (only U.S. law)? Texas

Last year I purchased 50 acres (property A) on a state highway. At the time I realized that there was an easement running through my property to 300 acres (property B) remaining from an original 500 acre piece behind me which would be landlocked if not for the easement. That owner had already sold the other 200 acres to another neighbor.

I have cattle on my property and now the owner of the 300 acres (property B) states that he does not have to keep my gates closed on the easment.

The property B owner had also previously been 1/2 owner in my property A. On the Warranty Deed that was made when he sold his 1/2 ownership in my property A a reservation was included which states:

"This conveyance is made and accepted subject to (1) any and all conditions, prior minerals reservations, easments and restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of XXXX County, Texas and (2) easements apparent on the ground.

For Grantor (property B owner) and Grantor's successors and assigns, in common with Grantee (property A owner) and Grantee's successors, a reservation of the free, uninterrupted and perpetual use of an ingress-egress and public utilities easement appurtenant to the residue of a called 300 acre tract, persently owned by GGrantor, and which 300 acre tract was titled to Xxxxx Jones by deed recorded in XXX Deed Records of XXX County, Texas, **************(easement property description).

1. Is he correct that he does not have to keep my gates closed.

2. Am I required to maintain the dirt road?

3. Who else if anyone also has ingress-egress rights to my property?

4. What other rights does he have that I should be aware of?What is the name of your state (only U.S. law)?

One other side note - the owner of the 300 acre tract has it leased to hunters. They leave the gates open the most often.

 

[cyjeff]

1. Is he correct that he does not have to keep my gates closed.

2. Am I required to maintain the dirt road?

3. Who else if anyone also has ingress-egress rights to my property?

4. What other rights does he have that I should be aware of?What is the name of your state (only U.S. law)?

One other side note - the owner of the 300 acre tract has it leased to hunters. They leave the gates open the most often.

Here is what I would do.

You take your easement agreement to an attorney. After he/she looks it over and reads it the same way you do, ask him/her to write your neighbor a letter.

This letter will state that any cattle that are released due to his/her negligence will be either charged by the pound if killed or charged by the hour of your time to capture.

This includes any guests on their land. This includes anytime something thinks "Holstein" is German for "White Tail" and tries to convince their friends that even though it only had two points, that deer was BIG....

 

[seniorjudge]

Here is what I would do.

You take your easement agreement to an attorney. After he/she looks it over and reads it the same way you do, ask him/her to write your neighbor a letter.

This letter will state that any cattle that are released due to his/her negligence will be either charged by the pound if killed or charged by the hour of your time to capture.

This includes any guests on their land. This includes anytime something thinks "Holstein" is German for "White Tail" and tries to convince their friends that even though it only had two points, that deer was BIG....

I agree on all counts.

 

[hardwareman]

Thanks for the advise. I really do not want to get ugly with them but it is aggravating to come home to open gates. I was raised that you leave a gate exactly how you found it.

I was also curious that the warranty deed that established this easement was only signed by the Grantor who sold his 1/2 interest to the Grantee who with that owned 100%. I am no attorney but it would seem that if you only owned 1/2 interest that you would only have a 50% say in any easement agreement that was issued and that the other party should have some say in the matter.

 

[seniorjudge]

Thanks for the advise. I really do not want to get ugly with them but it is aggravating to come home to open gates. I was raised that you leave a gate exactly how you found it.

Me too. City slickers have no common sense.

I was also curious that the warranty deed that established this easement was only signed by the Grantor who sold his 1/2 interest to the Grantee who with that owned 100%. I am no attorney but it would seem that if you only owned 1/2 interest that you would only have a 50% say in any easement agreement that was issued and that the other party should have some say in the matter.

I'm not sure what you are saying here. If a 50% owner conveyed to the other 50% owner, then the buyer now has 100%.

 

[hardwareman]

I'm not sure what you are saying here. If a 50% owner conveyed to the other 50% owner, then the buyer now has 100%.

Sorry, I knew that I was not clear on this.

The point that I was attempting to make was that if two people are equal partners on a property. Then one of them sells out to the other. It would seem that they would both have to agree to the easement attached to the sale and both sign the document.

Now for the rest of the story. These partners were actually brother-in-laws. The one who I purchased the 50 acres from became angry when he found out his brother-in-law had attached the easement and this was the contributing factor to him selling out to me. BTW - the 1/2 interest in the property was sold for "$10.00 and other valuable consideration".

I have no intentions of attempting to block anyone's access I am just trying to find out what rights I have and not have.

 

[FarmerJ]

If a atty reviews the easement and tells you that you can install a self closing gate DO IT.

 

[hardwareman]

If a atty reviews the easement and tells you that you can install a self closing gate DO IT.

That seems like a large unnecessary expense (2 gates) to resolve their lazy arrogance.

 

[cyjeff]

That seems like a large unnecessary expense (2 gates) to resolve their lazy arrogance.

Offer their building a gate as a reasonable defense against future liability.

 

[hardwareman]

Bottom line question - In Texas, if a person has an ingress-egress easement across another property do they have to close the gates that are closed by the owner?

If so, how could this be enforced?