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Easement Help in TX

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iron pin

Junior Member
I bought my first house in Jan 2000. At the signing, I was informed of an easement and I was required to sign off on it. Not sure what it all meant, but I knew there was a road there, but never realized until the signing that it was "technically" my property. So here is the problem, the dominant tenant is a nightmare. He now owns 3 seperate parcels of land and rents 2 of them. If that is not enough, there is a 4th parcel of land that another guy owns and he just started renting it out and they generally come home at 2:30 am every night.

On my legal description, it states " a 16' Access Easment of Record", on the property survey the existing fence line is giving more than a 16' access in places. I am in the process of putting up a new fence and the dominant tenant has threatened to take me to court. I have the current survey from 2000, but he stated I have to have a new survey or he's taking me to court.

So, do I have the right to my full property (leave him his 16' access only?) Can I place a gate on any part of my easement? His tenants fly down the gravel road and kick up dust that affects our animals in the barn. If the dominant tenant (who has 3 parcel) is the only one on record for use of the easement, can I deny his tenants use of the easement? Does the owner of the single parcel have access rights on this easement?
 


S

seniorjudge

Senior Member
iron pin said:
I bought my first house in Jan 2000. At the signing, I was informed of an easement and I was required to sign off on it. Not sure what it all meant, but I knew there was a road there, but never realized until the signing that it was "technically" my property. So here is the problem, the dominant tenant is a nightmare. He now owns 3 seperate parcels of land and rents 2 of them. If that is not enough, there is a 4th parcel of land that another guy owns and he just started renting it out and they generally come home at 2:30 am every night.

On my legal description, it states " a 16' Access Easment of Record", on the property survey the existing fence line is giving more than a 16' access in places. I am in the process of putting up a new fence and the dominant tenant has threatened to take me to court. I have the current survey from 2000, but he stated I have to have a new survey or he's taking me to court.

So, do I have the right to my full property (leave him his 16' access only?) Can I place a gate on any part of my easement? His tenants fly down the gravel road and kick up dust that affects our animals in the barn. If the dominant tenant (who has 3 parcel) is the only one on record for use of the easement, can I deny his tenants use of the easement? Does the owner of the single parcel have access rights on this easement?
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From your description, it sounds like you have a public road running through your property. Whether you can put a gate on the easement or whether he can change the easement in any way depends on what the language of the easement says.

If it says nothing you will have to hire a lawyer and go to court and get this straightened out.
 
I

iron pin

Junior Member
Thank you

This week I am having a new survey done and Monday I will get the easement information from the County. Also, I am looking for an attorney if needed (figure I had better get my ducks in a row now!).

What we are proposing to do, using the original survey, we were putting up a new fence. We have livestock in the pasture and a dog and new puppy to protect from the Farm to Market road in front of the house. I am trying to figure out my rights on if I am allowed to use the land up to the 16' granted. The dominant estate states that I am not allowed to since I haven't put a new fence in before.

Honestly, now I just want to put a gate up to make him mad. Not nice, I realize that, but his renters throw out cigarette butts, one previous renter stole my border collie and the Sheriff's office had to come and retrieve her, then the fence was cut and a horse stolen a couple of years ago (the sheriff's office has documentation of that also.) It is a gravel road and the renters think it is the autobahn and that they can speed as fast as possible on the road.

The dominant estates concern is that his renters need to get their trailers down the road and if he only has access to the 16' easement some trailers might not fit.
 
justalayman

justalayman

Senior Member
If the easement is 16', that is all he gets to use. What you do with your property is none of his business. That means you get to fence up to the easement. If he wants, and has the legal rights, to move a trailer down the lane, if it doesn't fit, tough stuff. You do not have to allow the use of anything more than the 16' uless/until a court tells you to. If he needs something wider, a one time use fee comes to mind.

This statement is an issue you need to look into.
Does the owner of the single parcel have access rights on this easement?
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If there is not easement granted to him, then he would have no legal right to use the others easement.

Concerning the speeders; you might want to ask the attorney if you can install speed bumps. I wouldn't do it without the advice of an attorney.
 
I

iron pin

Junior Member
Once again, thank you. All of the comments are giving us hope that if this goes to court that we do have rights and can fence up to the 16' easement granted. FYI, we are just trying to be informed and maybe get advice on what questions to ask and here to look for more information. I will be speaking to an attorney this week, getting the records on file and obtaining a new survey. I appreciate all these comments very, very much.
 
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