County has road outside of the easement

[Wampled]

What is the name of your state (only U.S. law)? Texas
When we bought our property, the county has an easement for a road. The road is actually 10 feet outside the easement boundaries. What can we do to get the road back into the correct place?

 

[justalayman]

well, to start with, have you spoken to the county road commission or whomever is in charge of the road? That's where I would start.

What proof do you have the road is outside the defined easement?

How long has the road been there?


if you are correct, hopefully the county agrees and either willingly moves the road or purchases the encroached land. If they won't, you would have to sue them for taking property without compensation.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas
When we bought our property, the county has an easement for a road. The road is actually 10 feet outside the easement boundaries. What can we do to get the road back into the correct place?

How long has the road been there, and do you have a practical reason to challenge the placement of the road? You need to be certain that the battle is worth the cost.

 

[NC Aggie]

Like others have asked, what proof do you have that the roadway is outside the recorded easement? I have also heard of easements that follow the roadway or utility line which may be the case here.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas
When we bought our property, the county has an easement for a road. The road is actually 10 feet outside the easement boundaries. What can we do to get the road back into the correct place?

**A: what did the county say about it when you talked to them?

 

[Wampled]

We have the survey with the recorded easement as proof. The county, has not maintained the road for the past 10 years, partially due to the road being off the easement.
I spoke to the road engineer and they want to switch the easement to where the road is now but due to a bad neighboring business we need the 10feet in dispute for a sign or fence

 

[justalayman]

well, you can try to push the issue but in the end, if the county really wants to move the easement, they can. They will have to purchase the additional 10 feet from you but they do have the right to condemn the land and take it under eminent domain laws.

 

[Wampled]

Thank you very much for your help. Our county as a small population so I don't know if they can use eminent domain.

 

[justalayman]

Thank you very much for your help. Our county as a small population so I don't know if they can use eminent domain.

any government entity can utilize eminent domain. it is whether they choose to do so or not. It is not as simple as they make the claim though. The claim is disputable if the landowner desires to go to the trouble. Most don't as there is a great chance of losing and rather accept the, most likely, inevitable, and as such would rather deal with negotiating a settlement.

There have been decisions against the claiming entity though so it is not impossible to argue against, just difficult.

 

[Zigner]

Thank you very much for your help. Our county as a small population so I don't know if they can use eminent domain.

Size of the county has no bearing.

 

[HomeGuru]

Size of the county has no bearing.

**A: yes, but the size of the Mayor does.

 

[Wampled]

Thanks all. We'll see what happens