Easement issues... location, gravel, and posisble private road coversion

[fakebakn3]

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

My question involves an easement in the state of: Texas

My wife received a 5 ac. parcel of land (and 3 other family members also recieved adjacent 5 ac parcels) that was landlocked after the passing of her grandfather. We intend to build on this land and a 30 foot easement was filed along with the deed. The first problem is, the easement was placed ontop of property that a pipeline company already had a easement on it and said we are not allowed to have our easement on it (which has already been filed.) We've talked to the surveyor to have it moved beside the pipeline easement but are unsure how to get this refiled. A third problem is that the land owners on which the easement was (and will be) placed on say we can't gravel the easement (even though the property is difficult for my 4x4 f250 to drive at times). Last, is there a way to get this easement converted to a private road due to multiple land owners using it for access? THANK YOU so much in advance!

1. Can our easement be located ontop of the pipeline's easement?

2. What do we need to do to have the ammended survey applied to the deed?

3. Can we put gravel down on the easement in order to access our property?

4. Is there a way to have the easement converted to a private road by the county due to multiple land owners needing access?

 

[justalayman]

1. Can our easement be located ontop of the pipeline's easement?

not unless the owners of the pipeline allow it, which they won't. It can damage the pipeline.

2. What do we need to do to have the ammended survey applied to the deed?

Hopefully the servient tenant is agreeable to this because if he isn't, it could get expensive.

The servient tenant needs to grant a new easement in a proper location. The dominant tenants of the existing easement should release their rights to that easement to avoid problems in the future.

3. Can we put gravel down on the easement in order to access our property?

generally not unless it is agreed upon by the servient tenant. Since you will be ending up with a new easement, I would suggest you get things like maintenance and rights clarified in the new grant.

4. Is there a way to have the easement converted to a private road by the county due to multiple land owners needing access?

Is the servient tenant willing to sell that section of land? If not, most likely not.

 

[fakebakn3]

This previous easement was already filed without the pipelines permission.. that's why we're trying to get it changed.. and we r not on good terms with the serviant property

 

[154NH773]

This previous easement was already filed without the pipelines permission

we r not on good terms with the serviant property

The previous easement must have been filed by the servient owner. It sounds like he is willing to grant a new easement, but put conditions on it. I would get a lawyer to write up a new easement for his signature, and do whatever else is necessary (like a survey). Get him to sign it before he gets annoyed with you. He could make it very difficult for you if he wants to. Best to stay on good terms for now.

As justalayman said, you should probably relinquish all rights to the previous easement as part of the new agreement, and get some language in about sharing of maintenance cost by those using the easement.

It's unclear from your post what the relationship of the servient owner is to the rest of you, and why an easement was necessary, unless his property was part of the original total parcel at some point. Your "rights" to an easement may differ depending on the conditions making the easement necessary.

As to gravel; Since he is opposed to it, I would not argue that point with the owner until you have an easement signed. As long as the easement doesn't preclude gravel (and you're the one writing it) I would then argue that gravel is a necessity to ensure your access, and start laying down gravel. He could take that to court, but most likely would lose if you could prove that you couldn't reasonably traverse the easement in its un-graveled condition. Make sure you document the condition of the easement with photographs; before and after gravel.

 

[fakebakn3]

The previous easement was filed at the time the properties were split.. this guy has no intentions of working with us if it is not legally required.. we'be tried..

 

[154NH773]

The previous easement was filed at the time the properties were split

We need to know how the properties were split and why he had to provide an easement in the first place.

 

[justalayman]

were all of the parcels split from the parcel the easement crosses?

If not, why did he grant the easement at all (what was his part in the whole deal)?

 

[fakebakn3]

The properties were split from a trust that was formed after my wife's grandfather died. The trust was in my motherinlaws, wife's uncle ,and wife's aunts names.. everything was split into 5 parcels.. this man was in extreme financial trouble at the time so he took what he got.. all parcels are located directly behind his property with what is now an illegal easement making us landlord with no access at all. He didn't care at the time and all parties were in agreement not knowing the easement was created incorrectly

 

[fakebakn3]

that should read land locked.. not landlord.. sorry i was typing that on my phone

 

[drewguy]

Given the facts, you would have a decent chance for an easement by necessity (or implication). You would have to obtain that through a court order. But ideally you would persuade the recalcitrant servient estate owner that is not worth anyone's money to fight over that in court, because you would win, and far easier to grant a new easement without issue at much lower expense.

As noted above, obtain written rights to pave/gravel the easement. That said, in a number of states an access easement comes with a right to pave it (at your expense).

 

[fakebakn3]

Believe it or not, it would be easier (though not cheaper) to just work with the court. This other party is a family member who we are not on speaking terms with at this point. I'm a police officer and I've never met a more untrustworthy deviant person in my life, but thats unrelated. The idea of an easement by necessity is promising though.

 

[154NH773]

Believe it or not, it would be easier (though not cheaper) to just work with the court.

Probably not.
In any case, if you went to court, the court would expect you to have a proposed solution. You might as well prepare the legal documents and then ask him to sign them or you will take him to court. Most likely, after investigating the cost and his chances for success, he will just sign without going to court.