What is the name of your state?What is the name of your state? TEXAS
I live in a county, not a city.
I bought a piece of property in 1994 that had a written easement in the deed.
I have checked all the deeds in my area and no one else has written access.
In 1998 I bought the property that was the easement (private drive) from the owners and have owned it ever since.
My neighbor has access to his property and house from a county road and it is well maintained. However, he has used the the private drive to access his house for over ten years. (It gives him more property not to have a driveway.) He has never had a written access.
I understand that if someone uses an easement for 10 years in Texas, he can apply for premanent easement. But in this case, if he has never applied for it can he still have access. Also, does it come into play that I am the new owner and ten years has not passed? Thanks to all for your help!
I live in a county, not a city.
I bought a piece of property in 1994 that had a written easement in the deed.
I have checked all the deeds in my area and no one else has written access.
In 1998 I bought the property that was the easement (private drive) from the owners and have owned it ever since.
My neighbor has access to his property and house from a county road and it is well maintained. However, he has used the the private drive to access his house for over ten years. (It gives him more property not to have a driveway.) He has never had a written access.
I understand that if someone uses an easement for 10 years in Texas, he can apply for premanent easement. But in this case, if he has never applied for it can he still have access. Also, does it come into play that I am the new owner and ten years has not passed? Thanks to all for your help!