Dan Bovinich
Junior Member
What is the name of your state?What is the name of your state? Texas (Cooke County)
(forgive me if this posted more than once, I am having some difficulty posting.)
I purchased 15 acres of raw land in 1986. The land is in the country-side, un-incorporated area. It would be land locked if it wasn't for my easement. I stopped visiting my land for the last 5-6 years (I live in Michigan now.) I recently went back to Texas to look at my property and two new neighbors (that my easement passes through) have erected unlocked gates across the easement.
One owns cattle and the other owns horses. I did NOT give them permission to erect gates on my easement and they could of fenced around the easement. The easement runs down the middle of both person's land. Owner #2 is the grantor of the easement, I am the grantee. The Grantor and my easement both run through the owner nearest the county road (owner #1.)
Here is what it looks like: http://www.bovinich.net/land/Easement_Problem.pdf
The deed says, "There is additional GRANTED and ASSIGNED unto Grantees, their heirs and assigns, the free and uninterrupted use, liberty and easement of passing in and along the following described property, in common with Grantors, their heirs and assigns: (then a detailed plot coordinates description of the easement.) There is also a recorded survey with the easement on it. The other two property owners have similar language on their deeds, as the land was sub-divided at the same time.
I now want to sell my land. The prospective buyers all state (after seeing the property) that they love the property, but don't want to make an offer on the land, because they would hate to have to pass through four gates to get to the county road.
I contend that my neighbors are in the wrong by erecting these gates and that they should replace them with cattle-guard crossings or fence around the easement to where I can drive to my property from the county road with out stopping for any gates.
The two "friend and family" lawyers I know, said I would be in the right. But both other property owners say their lawyers say they are in the right - since they have cattle, as long as they leave the gates unlocked, they can do what they have done.
What I would like to know is:
1) Is there is case law for this problem that states that a person CANNOT restrict an easement with any kind of gate? Specifically, I am not talking about an UNLOCKED gate. I don't want any structure/fence or gate to go over my easement. Who wants to get out in 32 degree weather when its raining/sleeting, in the mud and open four unlocked gates before they get to the county road????)
2) If there is case law, can you give me the "Smith vs. Jones" so I can look it up for myself?
3) Or if I take the other owners to court, will it be the whim of the judge if the easement can have gates on it? Could he just decide that I am right -no gates (if he wakes up on the right side of bed that morning)? Or could he decide for the other property owners (if they comb their hair the right way that morning and I have a bad hair day?) Or could he say, "Property owner #1 - you can have a gate, and Owner #2, you can ONLY have one gate, take down the other two gates"?
4) Could the Grantor sue me for the 1/3 cost of the easement? He spent $17,000 on it (I contributed nothing - but- I wasn't asked, and he was tired of the muddy easement, he graveled the easement - he lives there and uses it every day, I am an absentee owner.)
Before you suggest for me to move the easement, forget about it, it would cost a lot of money (ten's of thousands of $$$) because of the terrain, and ditches, creeks, etc.
And both neighbors are hostile to any changes in the status quo of the gates. Owner #1 says that cattle guards can injure his horses if the step on them. Owner #2 states that he wants the privacy of the gates. He also taunts my prospective buyers buy making sure they know that they will have to go through four gates before the get to the property. Owner #2 also wants to buy the property from me, but at a great discount that I am not willing to do. After he heard I was selling the property and that I wouldn't sell to him for the greatly reduced price, he added two more gates for the prospective buyers to go through = three gates in all.
I am not trying to be an irritation to them, and make their lives miserable by making them construct new fencing and moving the gates and/or making new pens for their cattle, but I can't sell my property. And they knew when they bought their property (at a great discount) that they would have to NOT restrict my easement. If they didn't have my easement running down the middle of their property, their land would of cost a lot more. But you get what you pay for.
My website for this land, mpeg's and jpg's is:
http://www.bovinich.net/land/index.htm
Thanks for any help or consideration you may give me.....
Dan
(forgive me if this posted more than once, I am having some difficulty posting.)
I purchased 15 acres of raw land in 1986. The land is in the country-side, un-incorporated area. It would be land locked if it wasn't for my easement. I stopped visiting my land for the last 5-6 years (I live in Michigan now.) I recently went back to Texas to look at my property and two new neighbors (that my easement passes through) have erected unlocked gates across the easement.
One owns cattle and the other owns horses. I did NOT give them permission to erect gates on my easement and they could of fenced around the easement. The easement runs down the middle of both person's land. Owner #2 is the grantor of the easement, I am the grantee. The Grantor and my easement both run through the owner nearest the county road (owner #1.)Here is what it looks like: http://www.bovinich.net/land/Easement_Problem.pdf
The deed says, "There is additional GRANTED and ASSIGNED unto Grantees, their heirs and assigns, the free and uninterrupted use, liberty and easement of passing in and along the following described property, in common with Grantors, their heirs and assigns: (then a detailed plot coordinates description of the easement.) There is also a recorded survey with the easement on it. The other two property owners have similar language on their deeds, as the land was sub-divided at the same time.
I now want to sell my land. The prospective buyers all state (after seeing the property) that they love the property, but don't want to make an offer on the land, because they would hate to have to pass through four gates to get to the county road.
I contend that my neighbors are in the wrong by erecting these gates and that they should replace them with cattle-guard crossings or fence around the easement to where I can drive to my property from the county road with out stopping for any gates.
The two "friend and family" lawyers I know, said I would be in the right. But both other property owners say their lawyers say they are in the right - since they have cattle, as long as they leave the gates unlocked, they can do what they have done.
What I would like to know is:
1) Is there is case law for this problem that states that a person CANNOT restrict an easement with any kind of gate? Specifically, I am not talking about an UNLOCKED gate. I don't want any structure/fence or gate to go over my easement. Who wants to get out in 32 degree weather when its raining/sleeting, in the mud and open four unlocked gates before they get to the county road????)
2) If there is case law, can you give me the "Smith vs. Jones" so I can look it up for myself?
3) Or if I take the other owners to court, will it be the whim of the judge if the easement can have gates on it? Could he just decide that I am right -no gates (if he wakes up on the right side of bed that morning)? Or could he decide for the other property owners (if they comb their hair the right way that morning and I have a bad hair day?) Or could he say, "Property owner #1 - you can have a gate, and Owner #2, you can ONLY have one gate, take down the other two gates"?
4) Could the Grantor sue me for the 1/3 cost of the easement? He spent $17,000 on it (I contributed nothing - but- I wasn't asked, and he was tired of the muddy easement, he graveled the easement - he lives there and uses it every day, I am an absentee owner.)
Before you suggest for me to move the easement, forget about it, it would cost a lot of money (ten's of thousands of $$$) because of the terrain, and ditches, creeks, etc.
And both neighbors are hostile to any changes in the status quo of the gates. Owner #1 says that cattle guards can injure his horses if the step on them. Owner #2 states that he wants the privacy of the gates. He also taunts my prospective buyers buy making sure they know that they will have to go through four gates before the get to the property. Owner #2 also wants to buy the property from me, but at a great discount that I am not willing to do. After he heard I was selling the property and that I wouldn't sell to him for the greatly reduced price, he added two more gates for the prospective buyers to go through = three gates in all.
I am not trying to be an irritation to them, and make their lives miserable by making them construct new fencing and moving the gates and/or making new pens for their cattle, but I can't sell my property. And they knew when they bought their property (at a great discount) that they would have to NOT restrict my easement. If they didn't have my easement running down the middle of their property, their land would of cost a lot more. But you get what you pay for.
My website for this land, mpeg's and jpg's is:
http://www.bovinich.net/land/index.htm
Thanks for any help or consideration you may give me.....Dan
