Roadway Easement

[CLRacer3]

I have a bit of an unusual question (may not that unusual to those whom have experience in this area).

I own 4.5 acres in Texas and the property has been in my family since 1958. It was my Grandparents (Jefferson) place. As you would expect, Grandparents were very good at keeping records and I have possession of the original Title search document that stated they should be "satisfied that no portion of the 4.5 acres has any easements of ingress, egress or such". This title search went back to the late 1800's and is about an inch thick.

There have been no issues with easements till recently when a commercial resort and spa has indicated that they wish to use my driveway (roadway) that runs along the side of my property for secondary access to their 1000 acre establishment.

Here is where the unusual part comes in.

They located a document from the previous tenant of their property that mentions an easement through our property. It is noted such as this.

"Phase 1 - Beginning at an iron stake on the northwest corner of the 4.5 tract bears xxxx which is the beginning of phase 1; thence with the west boundary of the "Jefferson" tract for end of phase 1 and the area herein intended to be covered for road purposes is 30 to 50 feet easterly from the westerly boundary of the "Jefferson" tract, and is to be a minimum of 30 feet and a maximum of 50 feet in width."

Notes:
The previous tenant of their property had no interest in our property - they never owned any portion of it.
The "easement" document that they located was created in 1966, several years after my grandparents purchased our property in 1958 therfore it couldn't have been an easement established before my grandparents purchased our property.
The document does NOT have any of my grandparents signature at the end. It has the signature of the previous tenant and the new buyer. Again, none of which had any interest in our property.

Where it stands now: I have told the "resort and spa" that I am not going to allow them access through my property and that the document was improper and done without our (my grandparents) knowledge. I explained to them that they must provide a document that has our signatures.

What do you guys think based on the information I have given?

 

[justalayman]

I can't tell if it is describing part of your propert or not but presuming it does;

Unless they have a document from your grandparents they have nothing.*


*I'm not certain who you are referring to when you speak of the prior tenant. If it is the prior tenant of the other property then I don't see how they could have any rights on your land. If it is the prior owner of your land then the only thing I can think of is of be reserved a right of easement. That is basically where there is no easement at the moment but the grantor can exercise that right in the future.

 

[CLRacer3]

It is worded rather strange but it is certainly referencing my property and the driveway.

The prior tenant that I'm referring to is the one that previously owned their land not ours.

I appreciate your response. What would be a procedure for having this document removed from the county records? I'm willing to bet its no easy task...

 

[justalayman]

records are generally not removed. If anything a subsequent document addresses the prior document. In this case a suit to quiet title would be use to invalidate the claims made by the grant.



i would tell them until they come up with something proving somebody that has a right to grant an easement across your property did in fact grant such an easement to stay off your land.

If they try to use your land, call the police and report the trespass.

 

[154NH773]

I agree with justalayman, but since there is no "grant" with your predecessor's signature, it would be up to them to initiate a quiet title suit to gain a court ordered grant, not you to extinguish one.
Keep them off and see what they come up with.
You can't just grant yourself permission to use someone else's property, as they seem to have done.
Perhaps they had anticipated getting an easement from your grandparents, and wrote the document in anticipation of a grant that never materialized.

 

[justalayman]

Actually op can file a suit to quiet title. Anytime there is doubt concerning title any person can sue to quiet title. It "clears" all the clouds and this one document could cause a cloud as it purports to be a valid grant of easement and although a thorough search would prove it invalid, for some reasons that is not enough.


But anyway; another thought.

If you have purchased a buyers title insurance policy (kind of suspect you didn't since this has been family owned property) if this actually appears like it is going somewhere you can involve your title insurance provider. They will defend your title.

 

[154NH773]

Although it is correct that either party can initiate a quiet title suit, I would never recommend that the OP do so. Going to court is a crapshoot, and you can never be sure of the outcome no matter how strong your case is. A judge can make any ruling regardless of what you might think or expect. Why begin a case that could easily wind up detrimental to the OP's interests.
In this case I would recommend that the OP keep the neighbor off his property and demand they show proof that a legitimate easement grant was obtained from him or his predecessors. Let them initiate any court action.