What? Easement ridiculousness...

[Karenj]

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

I'll try for conciseness...

The five houses on our street back onto the front of five houses behind us. Our town has minimum one acre residential building restrictions.

Many years ago, whoever owned the acreage sold an easement to ONE lot behind my house (or it would have been landlocked)
The properties have since been divided and sold, on both adjoining properties. The houses behind ours, face (the backs) of ours. It's platted that way. Straight back to back property lines.

This easement has, before I moved here, been purchased by the town from the easement rights owners (all of the people behind us) for the grand total of ten dollars each. I imagine that they wanted it paved and access to utilities. Fortunately, they only purchased up until the corner of my lot (it's enough for the people behind me to get to their house), so there's no paving on my property.

So this is how it is.

1. We own one acre lots which we pay taxes on.
2. The town in a very quiet meeting, decided to agree to a suggestion that the easement be only used by the people behind us.
3. We cannot drive on, walk on, or otherwise use what is OUR OWN property.

Surely this is wrong, somehow. Is someone else allowed to buy rights? Doesn't the owner have a say in this? Can they tell us we can't use part of our own property?

Any comments appreciated.

 

[Zigner]

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

I'll try for conciseness...

The five houses on our street back onto the front of five houses behind us. Our town has minimum one acre residential building restrictions.

Many years ago, whoever owned the acreage sold an easement to ONE lot behind my house (or it would have been landlocked)
The properties have since been divided and sold, on both adjoining properties. The houses behind ours, face (the backs) of ours. It's platted that way. Straight back to back property lines.

This easement has, before I moved here, been purchased by the town from the easement rights owners (all of the people behind us) for the grand total of ten dollars each. I imagine that they wanted it paved and access to utilities. Fortunately, they only purchased up until the corner of my lot (it's enough for the people behind me to get to their house), so there's no paving on my property.

So this is how it is.

1. We own one acre lots which we pay taxes on.
2. The town in a very quiet meeting, decided to agree to a suggestion that the easement be only used by the people behind us.
3. We cannot drive on, walk on, or otherwise use what is OUR OWN property.

Surely this is wrong, somehow. Is someone else allowed to buy rights? Doesn't the owner have a say in this? Can they tell us we can't use part of our own property?

Any comments appreciated.

Why did you purchase the property with the existing easement?

 

[Karenj]

Why did you purchase the property with the existing easement?

We like the house. It's a big lot with or without the easement.

We did once ask for our portion of the easement back. It only goes 1/2 way across the back of our property and then dead ends and our portion is not paved. It's just an unused dirt road (the people behind us access their house directly from the paved portion....it makes sense for them). We wanted to simply grade it and throw grass seed down. The town was fine with it as long as we got permission from ALL off the homeowners that have easement rights. We had one d-bag (in the middle of the road) that refused.

Thanks for reading, btw.

 

[Zigner]

We like the house. It's a big lot with or without the easement.

We did once ask for our portion of the easement back. It only goes 1/2 way across the back of our property and then dead ends and our portion is not paved. It's just an unused dirt road (the people behind us access their house directly from the paved portion....it makes sense for them). We wanted to simply grade it and throw grass seed down. The town was fine with it as long as we got permission from ALL off the homeowners that have easement rights. We had one d-bag (in the middle of the road) that refused.

Thanks for reading, btw.

that d-bag was simply exercising his/her RIGHTS. YOU seem like a perfect fit since you think you have the right to trample on other people's rights.

 

[Karenj]

that d-bag was simply exercising his/her RIGHTS. YOU seem like a perfect fit since you think you have the right to trample on other people's rights.

Thank you so much for your informative answer.

 

[LdiJ]

that d-bag was simply exercising his/her RIGHTS. YOU seem like a perfect fit since you think you have the right to trample on other people's rights.

Actually Zig, if I am picturing it in my mind correctly I don't think that the OP is attempting to trample on anyone's rights. I think that the OP wants to be able to use part of the easement that is not being used by any of the residents behind him.

I am picturing an easement that runs behind the houses on his street, and the paved and used portion ends right at the edge of his property. It appears that the person who objected to him using the unused portion of the easement that is on his property is not the property owner nearest to him (who might have a reason to access portions of his property beyond the paved easement, but someone further up on the paved portion who would have no reason to want to access the portion of the easement on the OP's property. I suspect that the person who objected probably did so on a knee jerk basis without fully understanding just what was being proposed.

OP, have you attempted to speak to that neighbor to explain exactly what it was that you wanted to do?

 

[single317dad]

The language of the original easement and any town ordinance addressing such will be pertinent here.

 

[justalayman]

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

I'll try for conciseness...

The five houses on our street back onto the front of five houses behind us. Our town has minimum one acre residential building restrictions.

Many years ago, whoever owned the acreage sold an easement to ONE lot behind my house (or it would have been landlocked)
The properties have since been divided and sold, on both adjoining properties. The houses behind ours, face (the backs) of ours. It's platted that way. Straight back to back property lines.

This easement has, before I moved here, been purchased by the town from the easement rights owners (all of the people behind us) for the grand total of ten dollars each. I imagine that they wanted it paved and access to utilities. Fortunately, they only purchased up until the corner of my lot (it's enough for the people behind me to get to their house), so there's no paving on my property.

So this is how it is.

1. We own one acre lots which we pay taxes on.
2. The town in a very quiet meeting, decided to agree to a suggestion that the easement be only used by the people behind us.
3. We cannot drive on, walk on, or otherwise use what is OUR OWN property.

Surely this is wrong, somehow. Is someone else allowed to buy rights? Doesn't the owner have a say in this? Can they tell us we can't use part of our own property?

Any comments appreciated.

You need to research and understand the original granting of the easement. To start with, the only people that can use it are those that it was granted to which generally includes heirs and assigns. If the town wanted to purchase the easement rights the town would be limited just as the original owners. They cannot expand the use of the easement and unless there is something allowing the easement to be paved in the original creating document, they most likely cannot pave it either. They cannot make it a public right of way either. Unless the easement was exclusive, you can do anything you want on the easement as long as you do not interfere with the rights of the dominant tenant(s).

Depending on the original intent of the easement, it may be over burdened by providing access for all the lots split off from the one lot that was granted the easement. That is fact specific and a lawyer should be questioned about that aspect.
If that one lot was not split, then nobody but the owners of that lot and their licensees can use the easement, along with you of course.

I am not certain of the rights themselves can be sold but if they can, they are still the same rights originally granted to the dominant tenant. The town cannot expand those rights nor can they allow others not considered in the original grant to use the easement.

 

[Karenj]

Actually Zig, if I am picturing it in my mind correctly I don't think that the OP is attempting to trample on anyone's rights. I think that the OP wants to be able to use part of the easement that is not being used by any of the residents behind him.

I am picturing an easement that runs behind the houses on his street, and the paved and used portion ends right at the edge of his property. It appears that the person who objected to him using the unused portion of the easement that is on his property is not the property owner nearest to him (who might have a reason to access portions of his property beyond the paved easement, but someone further up on the paved portion who would have no reason to want to access the portion of the easement on the OP's property. I suspect that the person who objected probably did so on a knee jerk basis without fully understanding just what was being proposed.

OP, have you attempted to speak to that neighbor to explain exactly what it was that you wanted to do?

Thank you. You are correct.

We DID attempt to show him where and what we wanted to do. He wasn't interested and immediately accused us of, and I quote "yelling" at him to leave when he was standing on our property (there is a pond...not on our property, but near, and people cut through our property to go look at it...none of whom we have ever "yelled" at or asked to leave). I asked him when that was, and it was before we lived there. Which I told him.
He just said no repeatedly.

 

[Karenj]

You need to research and understand the original granting of the easement. To start with, the only people that can use it are those that it was granted to which generally includes heirs and assigns. If the town wanted to purchase the easement rights the town would be limited just as the original owners. They cannot expand the use of the easement and unless there is something allowing the easement to be paved in the original creating document, they most likely cannot pave it either. They cannot make it a public right of way either. Unless the easement was exclusive, you can do anything you want on the easement as long as you do not interfere with the rights of the dominant tenant(s).

Depending on the original intent of the easement, it may be over burdened by providing access for all the lots split off from the one lot that was granted the easement. That is fact specific and a lawyer should be questioned about that aspect.
If that one lot was not split, then nobody but the owners of that lot and their licensees can use the easement, along with you of course.

I am not certain of the rights themselves can be sold but if they can, they are still the same rights originally granted to the dominant tenant. The town cannot expand those rights nor can they allow others not considered in the original grant to use the easement.

Thank you. I will re-read the easement.

The town DID pave it. Up until the corner of my property. They have also put up a "Private Road" sign. Also, there was a meeting before we moved here. The dominant tenants (thank you for that term) wanted exclusive rights to use it. It was granted by the town. We, the landowners, are not allowed to use it.

ETA for clarification: The original easement was granted for "ingress and egress" back in the 40's. The town paved it after they purchased the rights in 1994.

 

[justalayman]

The dominant tenants (thank you for that term) wanted exclusive rights to use it. It was granted by the town. We, the landowners, are not allowed to use it.

unless there is something you are not aware of, the town cannot terminate your rights to an easement crossing your property. Only if the orginal easement rights were "exclusive" to the dominant tenant could you be excluded from your own property.

and the town cannot grant any rights to anybody here as it is your property and as the servient tenant, only you or prior owners of your property could grant anybody any rights. The dominant tenant cannot grant any rights to your property.

ETA for clarification: The original easement was granted for "ingress and egress" back in the 40's. The town paved it after they purchased the rights in 1994.

since it was paved long before you purchased the property there is little you can do about that. It was existing when you purchased the property and had been for a long time so the time to act on that was long ago.

I still am not certain the town could have purchased anything from the dominant tenants as the land remained yours. At most the town would purchase the rights of the dominant tenant but that would not allow them to do anything more than the original dominant tenant was allowed to do. They cannot make it a private road or anything else since it is your property and you can allow anybody you wish to be on your property.

 

[Karenj]

unless there is something you are not aware of, the town cannot terminate your rights to an easement crossing your property. Only if the orginal easement rights were "exclusive" to the dominant tenant could you be excluded from your own property.

and the town cannot grant any rights to anybody here as it is your property and as the servient tenant, only you or prior owners of your property could grant anybody any rights. The dominant tenant cannot grant any rights to your property.

since it was paved long before you purchased the property there is little you can do about that. It was existing when you purchased the property and had been for a long time so the time to act on that was long ago.

I still am not certain the town could have purchased anything from the dominant tenants as the land remained yours. At most the town would purchase the rights of the dominant tenant but that would not allow them to do anything more than the original dominant tenant was allowed to do. They cannot make it a private road or anything else since it is your property and you can allow anybody you wish to be on your property.

Apparently, and this is true from my research, the rights were purchased by the town from the dominant tenant. When I purchased the house, I was given the original easement document. My closing documents don't contain anything that says that the town purchased the rights. I have no idea if they were supposed to, however.

My main predicament is that I have an easement on my property that is unused, unpaved and that, according to the town, I cannot even stand on. They are, however, happy to take all of our property taxes for the full acre that our lots are.

We did go back to the town with everyone's signed okay for us to buy the rights back for our portion. With the exception of this one guy. And because of him, the town said no. They said that everyone had to say yes. Which I thought was unfair, but it was because they all have access to the full length of the easement, whether they use it or not.

 

[justalayman]

3290217]Apparently, and this is true from my research, the rights were purchased by the town from the dominant tenant.

but even if those rights could be and were purchased, the town nor anybody else would have a right to alter the rights afforded the dominant tenant by the granting of the easement. The rights are granted by the servient tenant. No dominant tenant has a right to alter what was granted.

My main predicament is that I have an easement on my property that is unused, unpaved and that, according to the town, I cannot even stand on.

based on what?

They are, however, happy to take all of our property taxes for the full acre that our lots are.

You say the original grant was in your closing documents. Read it to see if the rights granted were exclusive to the dominant tenant. If not, then it sounds like the town is full of hooey or they owe you for the taking of the property. The US Constitution kind of requires them to refrain from taking property without due compensation.

 

[Karenj]

but even if those rights could be and were purchased, the town nor anybody else would have a right to alter the rights afforded the dominant tenant by the granting of the easement. The rights are granted by the servient tenant. No dominant tenant has a right to alter what was granted.


based on what?


You say the original grant was in your closing documents. Read it to see if the rights granted were exclusive to the dominant tenant. If not, then it sounds like the town is full of hooey or they owe you for the taking of the property. The US Constitution kind of requires them to refrain from taking property without due compensation.

The first deed does not use the work "exclusive". It just says "an easement for purpose of ingress and egress" Also it says at the bottom "as a covenant running with the land for the use and benefit of later owners..."

The second easement deed (that I do have. I was mistaken) basically "sells" the rights to the town. However it includes much more than the original does. In addition to the ingress and egress part, it says for "public street purposes...to construct, maintain and repair... as deemed necessary by the Town".

So it was given to the town and the town added whatever they wanted to the original deed. Nowhere is there any mention of the actual owners of the property.

Can they do that?

 

[Karenj]

You need to research and understand the original granting of the easement. To start with, the only people that can use it are those that it was granted to which generally includes heirs and assigns. If the town wanted to purchase the easement rights the town would be limited just as the original owners. They cannot expand the use of the easement and unless there is something allowing the easement to be paved in the original creating document, they most likely cannot pave it either. They cannot make it a public right of way either. Unless the easement was exclusive, you can do anything you want on the easement as long as you do not interfere with the rights of the dominant tenant(s).

Depending on the original intent of the easement, it may be over burdened by providing access for all the lots split off from the one lot that was granted the easement. That is fact specific and a lawyer should be questioned about that aspect.
If that one lot was not split, then nobody but the owners of that lot and their licensees can use the easement, along with you of course.

I am not certain of the rights themselves can be sold but if they can, they are still the same rights originally granted to the dominant tenant. The town cannot expand those rights nor can they allow others not considered in the original grant to use the easement.

"They cannot expand the use of the easement and unless there is something allowing the easement to be paved in the original creating document, they most likely cannot pave it either. They cannot make it a public right of way either."

Apparently, they did. The second deed (to the town) is greatly expanded.