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easement problems with neighbor

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M

mandyree

Guest
What is the name of your state? Texas
Our property is at the end of a driveway that goes through my neighbors land. This driveway has a 30 foot easement. THe driveway is unimproved and is dirt. When it rains there is big holes in the driveway when we drive through. My neighbor put up posts at the edge of the driveway so we can't go around the holes. The "driveway" (dirt) is only about 15 feet wide. What can we do to be able to use the 30 feet easement? THe driveway is through my brother-in-laws field.
 


M

mandyree

Guest
He probably would not let us pave the driveway. THere was a big falling out of the brothers about 6 years ago when we got the house and almost 3 acres . The "brothers" do not speak to one another.
 
N

nextwife

Senior Member
Lovely.

Well, an egress easement must be allowed to remain passable. If there are bad ruts that make it impassable, then you need to talk to an attorney to enforce your rights. Do read the easement language and see if there is any form of maintenance agreement. But the easement must be able to be safely used for egress.
 
H

HomeGuru

Senior Member
mandyree said:
What is the name of your state? Texas
Our property is at the end of a driveway that goes through my neighbors land. This driveway has a 30 foot easement. THe driveway is unimproved and is dirt. When it rains there is big holes in the driveway when we drive through. My neighbor put up posts at the edge of the driveway so we can't go around the holes. The "driveway" (dirt) is only about 15 feet wide. What can we do to be able to use the 30 feet easement? THe driveway is through my brother-in-laws field.
Click to expand...

**A: bring in dirt, gravel etc. and fill in the holes then tamp.
 
S

Sweet Home

Guest
Mandy - Through my reading and research, I understand that generally your deed should declare the "owner" of the easement road, and state which party is responsible for maintaining it. - usually it is the owner.
I think he would have to agree to paving it before you could do this on your own - as he still owns the easement. You only have rights to use it.

I agree with HG and Nexie - Sounds like you are probably better off just filling these holes yourself and moving on with your life. Your bro-in-law would have a hard time arguing this in court - and would only emphasize his neglect in maintenance. Since he has put posts up to keep you from going around the holes, sounds like he is waiting for an opportunity to take you to court. Don't load his gun for him. Fill in the holes with dirt, and move on.

Respectfully,

Sweet Home Alabama
 
H

HomeGuru

Senior Member
Sweet Home said:
Mandy - Through my reading and research, I understand that generally your deed should declare the "owner" of the easement road, and state which party is responsible for maintaining it. - usually it is the owner.
I think he would have to agree to paving it before you could do this on your own - as he still owns the easement. You only have rights to use it.

I agree with HG and Nexie - Sounds like you are probably better off just filling these holes yourself and moving on with your life. Your bro-in-law would have a hard time arguing this in court - and would only emphasize his neglect in maintenance. Since he has put posts up to keep you from going around the holes, sounds like he is waiting for an opportunity to take you to court. Don't load his gun for him. Fill in the holes with dirt, and move on.

Respectfully,

Sweet Home Alabama
Click to expand...
**A: correction; in an easement situation, generally it is the beneficiary of the easement that maintains and not the land owner. I think that's what you really meant.
 
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