• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Landlocked Property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

Mr.Co2

Junior Member
What is the name of your state? Texas - Brazos County

We have a tract of land behind ours that was sold to a faternity. the land was owned by a single family and resided in the house. We have a utlility & pipe line agreement with a gravel roadway access to the property for a single residence only.

The agreement was for acess for a single family residence only and not for commercial use or multi family dwelling.

The agreement was between us and the single family, does this agreeement follow the sale of the land or do we need a new agreement with the faternity for them to have access to the property?

We currently do not have a new agreement with the faternity for access to the land.

The faternity assumes they have access to the land via our private road that crosses over our property.

Under Texas law do we have the right to lock our gates for the faternity not to have access to the property threw ours since it is a private road?

If we lock our gates it will land lock the property since there is no other access.
 


S

shortbus

Member
I assume you granted the landlocked property owners an easement over your property so they could have access to the road. If so, this easement is attached to the parcel, not the owners. So when the fraternity bought the house, they bought the easement too.

If you think the fraternity is overburdening the easement you can take them to court to have them ordered to reduce their use, or risk losing it.

Meanwhile, if they have a valid easement, you cannot block their access.
 
M

Mr.Co2

Junior Member
Well the easement agreement is for single family residence not commercial or multi family dwelling.

In addition the agreement was with the original owners not the faternity.
 
S

seniorjudge

Guest
Mr.Co2 said:
What is the name of your state? Texas - Brazos County

We have a tract of land behind ours that was sold to a faternity. the land was owned by a single family and resided in the house. We have a utlility & pipe line agreement with a gravel roadway access to the property for a single residence only.

The agreement was for acess for a single family residence only and not for commercial use or multi family dwelling.

The agreement was between us and the single family, does this agreeement follow the sale of the land or do we need a new agreement with the faternity for them to have access to the property?

We currently do not have a new agreement with the faternity for access to the land.

The faternity assumes they have access to the land via our private road that crosses over our property.

Under Texas law do we have the right to lock our gates for the faternity not to have access to the property threw ours since it is a private road?

If we lock our gates it will land lock the property since there is no other access.
Click to expand...
Q: Under Texas law do we have the right to lock our gates for the faternity not to have access to the property threw ours since it is a private road?

A: No because the access agreement follows the sale of the land.


Tell us EXACTLY what the easement reads.
 
M

Mr.Co2

Junior Member
Here is a cut down version of the agreement:

It grants utilities to property in question with granted acess 50 feet from property line with the use of utilities and road access. It states where and how deep all utilities should be installed and burried.

In conjunction the property owners of land in question must conform to:

A) in conjunction with the grantors, and thier heirs, successors and assigns, maintain the condition of the white rock gravel roadway within fifty foot access easement of which this easement is a part;

B) no permit the further subdivision of grantee's 22.659 acres to which this easement is appurtenant; and

C) not permit Grantee's 22.659 acres to be occupied and used, as either residence or business by more than one family.

This agreement was signed by the easement holder and the original owners of the property, signed, noterized and filed with the county clerks office as a matter of public record.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top