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easement trouble

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dntpete

Junior Member
What is the name of your state?What is the name of your state? Texas
I am having trouble gaining access to an ingress/egress easement. As it stands now, I have a private drive running through my front yard that was there before I purchased the property. A lot further down is now established with renters and the traffic is tearing up the drive. Parallel to this drive is a 20' easement, stated on my blue line survey, which is partially in use. That owners have said they do not want us using their property for access, even though there is another home approx 300' further down on his property using the easement. My questions are: where do I stand legally-do I need to hire an attorney now or is the survey and law enforcement all I need? If I connect to the easement without their consent, can they sue me or make me reverse the changes? Can they block access to the easement at any time? Thanks for any help.
 


BelizeBreeze

Senior Member
dntpete said:
What is the name of your state?What is the name of your state? Texas
I am having trouble gaining access to an ingress/egress easement. As it stands now, I have a private drive running through my front yard that was there before I purchased the property. A lot further down is now established with renters and the traffic is tearing up the drive. Parallel to this drive is a 20' easement, stated on my blue line survey, which is partially in use. That owners have said they do not want us using their property for access, even though there is another home approx 300' further down on his property using the easement. My questions are: where do I stand legally-do I need to hire an attorney now or is the survey and law enforcement all I need? If I connect to the easement without their consent, can they sue me or make me reverse the changes? Can they block access to the easement at any time? Thanks for any help.
Your post doesn't make sense. You said you have a drive running through your front yard that "A lot further down is now established with renters and the traffic is tearing up the drive. " And then you say that you have an easement some parallel to the drive is an easement.

So, which is it? Which is on YOUR property and granted for others to use and which is on another's property and granted to you for use?

See why it's confusing?
 

dntpete

Junior Member
Let me include another view/email that I sent out. Also, I have not granted anyone to use my private property-I have been informed I just cannot block off the access per law enforcement.


I have a landlocked property that I live on which has a private drive on it. It was here before I was deeded the property. My immediate neighbor is also landlocked with the same drive. The neighbor next to him has multiple easements to use, but uses the drive across my property and my neighbors to get to theirs-and they are renters (2 houses). Here's where it gets confusing. My survey shows an ingress/egress easement on my neighbors property across from me and is partially useable and is driven on daily. Think of it as a long rectangle, cut across the middle side to side. From that line, draw four evenly spaced lines to the bottom. From right to left, mark them 1 to 4 and the big top portion 5. I would be number 2, my neighbor 3 and last 4. The neighbor with the 20' easement is 5. Unfortunately, I have multiple utility easements on my side, so no. 5 has the full 20' on his property. It is supposed to be the right of way for our landlocked property to use, and with the excessive traffic and safety concerns for my animals, children, and property, I am seeking legal counsel to purse the right to use the easement as declared on the survey and secure my private property. I have done some homework and now realize I must file with the Brazoria County clerk. What forms would I need to fill out and submit to the judge and what other information do I need to collect. I have a blue line survey, appraisal reports, copies of the Texas Statutes regarding partitioning, I am acquiring copies of the deeds of the properties in question, and have recorded where everything is located and the land scheme.
 

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