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Gates across deeded access road

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C

coronelli

Guest
What is the name of your state? Texas, Williamson County

Hello all,

My wife and I purchased 46 acres out of a 132 acres ranch less then 2 years ago. Our property is the rear parcel locked in behind the rest of the ranch. I've never purchased rural property before but we did at least make sure we received a 50' deeded easement along the edge of the property leading to our parcel. The easement is almost 1/2 mile long. The easement has also been named as a road by the county with the owners approval. This was required for us to get an address.

We drive in and out of the property every day as we have built a house on our parcel. The owner has gates along the easement (mainly at the front) that do not block entry (are not locked) but they are very inconvenient. We have to stop, open and close the gates to get into or out of our property every time. We have offered to buy the entire easement, offered to fence the road in at our costs, all were refused. We spoke with him about putting a cattle guard in and he told us that would be fine. After doing so (at a cost of $2000), his tenants have since continued to close the gates. The owner of the original parcel is not helpful and his tenants are not either.

I realize I should have specified the terms of the easement or purchased it outright before buying the property but I was inexperienced. I’ve always assumed gentlemen’s agreement could solve most issues but I think I’m wrong on this one. Do we have any rights, or is the owner of the property free to impede our access with gates whenever and wherever he chooses as long as he does not lock them? This may sound like a minor issue but to us and my wife especially is causes considerable stress (late at night, rain, when she is alone, etc…). All we want is to be able to drive to our property without having to get out and open/close other peoples gates.

Thanks for any advice
 


FarmerJ

Senior Member
There are many other postings about the same subject if you use the sites search tab and search on the word easements . The only thing they cannot do is lock it and deny you a key so unless you can get the owner to agree in writting to something differnt you will have to just live with the gate .
 

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