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Private Access Easement - Ranch Subdivision

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jrbarnard

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

Thanks for the great site, btw!

Here is the issue, I am just trying to understand the Plat of our ranch -

I have a ranch in a "subdivision". There are approximately 40 other ranches. We pay a Property Owners Association a yearly due of $1.50 per year per acre for road maintenance and upkeep. The Plat states that the roads are perpetual, private access easements to and for the benefit of the owners of the tracts or lots within this subdivision. That is the exact wording. It goes on to specify the heirs, successors, assigns as well.

My issue is this: We bought "end of the road" i.e. we have 4 of the 58 tracts and the road goes down the middle of them. No-one owns land past us.

I have people going by the cabin, located at the front of the property, all the time and I stop them and let them know this is private land and they should not be driving down the road.

Am I correct in my understanding that the road is not a public access nor do people 2000 acres away at the front of the subdivision granted access to the roads beyond their property simply to sight-see because they live in the subdivision?

It would seem to me that private and access means the roads are private and to be used only to access your own tract or lot.

I suppose the statement could be read multiple ways, but I see no benefit to the latter.

Thanks very much for agreeing or disagreeing.. heh

John
 


justalayman

Senior Member
Private access simply means it is not a publicly owned and maintained roadway. It does not necessarily impart any rights of control to the dominant tenant ( the person with rights to use the easement)

Given that there is a property owners association I suspect there are some rules of the association that are controlling here. In a typical easement situation with no association involved, as both the dominant tenant and the servient tenant you would be able to express complete control over the easement but given the presence of the association, you need to review any rules of the association that might apply.
 

154NH773

Senior Member
The Plat states that the roads are perpetual, private access easements to and for the benefit of the owners of the tracts or lots within this subdivision.
Since you all pay a fee to maintain the entire road, it could be argued that all owners of rights on the easement have more than just ingress and egress, which could have been stated as such but was not. Access could be interpreted as "full access". Private means the "access" is limited to those having rights, not the general public, although usually many people could get their rights by delivering to neighbors or being friends of neighbors having rights.

I agree that other rules of the POA may control the situation. It is unlikely that you can keep anyone out.

Only a court can decide...
 

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