G
griffithj
Guest
What is the name of your state? TX
On a property we are planning to purchase, small commercial lot, there exist along the north boundary line, according to the survey, a "40' roadway easement". Document referenced is a deed dated 1914 wherein the seller excluded a "40' roadway" in the conveyance. No reference to easement and no "easement" is recorded. That old roadway shows up in conveyance exclusion or deduction in two prior deeds; 1912&1909. Nothing else. Far as I can tell it has never been used as a road except in the last 20 years to a small house located at that time on the property we are looking at buying.
That 40' extends from our property west about 6000'. across heavily wooded area; no road; big creek or two to cross. The larger tracts that roadway crossed has been subdivided over the years.
We are buying a smaller parcel and thinking about paving a part of it for access to a building we want to build on the tract. we are on a corner lot and the old roadway opens up to a FM road. our south boundary is an interstate service road. several neighbors to the west of us front on that service road and have access to public road other than this old "roadway". they couldn't use it if they wanted because no road is there!
What legal rights might the neighbor to the west of us have to attach to and use the drive we put in based on the 40' roadway that also crosses their property and shows up on their deed. There are no maintenance provisions. That neighbor has never used the old roadway. My concern is when and if the service road goes one way they may decide this is great access to get back to the FM road across our property; then neighbor to west of them do same thing and first thing we know there is major maintenance. BTW the county or city will not accept the roadway due to no one to build it and not enough ROW.
Obviously I will have to get an attorney looking carefully at this before we close but I would like an idea about what the ones on this forum may have to suggest. Gathering thoughts.
On a property we are planning to purchase, small commercial lot, there exist along the north boundary line, according to the survey, a "40' roadway easement". Document referenced is a deed dated 1914 wherein the seller excluded a "40' roadway" in the conveyance. No reference to easement and no "easement" is recorded. That old roadway shows up in conveyance exclusion or deduction in two prior deeds; 1912&1909. Nothing else. Far as I can tell it has never been used as a road except in the last 20 years to a small house located at that time on the property we are looking at buying.
That 40' extends from our property west about 6000'. across heavily wooded area; no road; big creek or two to cross. The larger tracts that roadway crossed has been subdivided over the years.
We are buying a smaller parcel and thinking about paving a part of it for access to a building we want to build on the tract. we are on a corner lot and the old roadway opens up to a FM road. our south boundary is an interstate service road. several neighbors to the west of us front on that service road and have access to public road other than this old "roadway". they couldn't use it if they wanted because no road is there!
What legal rights might the neighbor to the west of us have to attach to and use the drive we put in based on the 40' roadway that also crosses their property and shows up on their deed. There are no maintenance provisions. That neighbor has never used the old roadway. My concern is when and if the service road goes one way they may decide this is great access to get back to the FM road across our property; then neighbor to west of them do same thing and first thing we know there is major maintenance. BTW the county or city will not accept the roadway due to no one to build it and not enough ROW.
Obviously I will have to get an attorney looking carefully at this before we close but I would like an idea about what the ones on this forum may have to suggest. Gathering thoughts.
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