easement

[don k]

What is the name of your state (only U.S. law)? Texas Is a deeded easement needed to get a loan for a piece of property? The property for sale gets access through another persons property. There is no easement on record.

 

[ShyCat]

What is the name of your state (only U.S. law)? Texas Is a deeded easement needed to get a loan for a piece of property? The property for sale gets access through another persons property. There is no easement on record.

If the lender requires it, then YES.

 

[FlyingRon]

What is the name of your state (only U.S. law)? Texas Is a deeded easement needed to get a loan for a piece of property? The property for sale gets access through another persons property. There is no easement on record.

That would be up to the lender. I suspect it would behoove you to have such an easement though.

 

[HRZ]

Well it may be most unwise to buy a piece of land without a clear means of entry and exit

 

[FarmerJ]

Don there are some lenders who will tell you that they will not permit a mortgage to be written on a property that lacks access, look at it this way , should the borrower walk away from the mortgage due to problems with the owners of the property (ies) that are crossed over to get to the mortgaged property then they could end up with a giant loss on that property . IF the person who owns the land used to access will not grant a easement in writing or sell a strip to access a public road the property would have to be sued to gain access and its just a hassle lenders would not want to include in their risk. EG On the corner here that our property is on, its a county road with a township road that Ts into it, Im on the SE corner of this and the house that's along the county road the old couple there V & J had a 40 acre and behind them was another 40 acre property who didn't have any access but was in the process of being sold , the buyer negotiated to buy a strip of land on the east side of V & Js property to create a so called flagpole access to their land , its width meets the counties requirement for emergency access and there wont ever be any disputes over how the driveway is used. SO if you cant get a very well written easement to the property or one of the adjacent properties to sell to you enough land to own your own driveway all the way to the public road you would be better off looking at other properties and keep in mind the easement must be well written so you know who must maintain it and if its use is exclusive or not . I say that because if it was me I wouidnt want to have to pay for the repairs - improvements to build a nice gravel driveway and then later have to share it with another owner who now wants to run heavy equipment & machinery on it or his commercial related traffic tearing it up , damaging it with little thought only because the easement wasn't written so well that his use would have been forbidden.

 

[don k]

That would be up to the lender. I suspect it would behoove you to have such an easement though.

I own the property that the owners of the property that is for sale have to drive through. Do I have to give them a deeded easement? What if I don't want to?

 

[PayrollHRGuy]

How do the current owners access their land?

 

[FlyingRon]

I own the property that the owners of the property that is for sale have to drive through. Do I have to give them a deeded easement? What if I don't want to?

You don't have to, but depending on the situation, you might be advised to grant one. They may be able to take you to court to force the issue in some circumstances. A lot of it depends on how the landlocked parcel came to be so.

 

[don k]

The property is very old. The original owners have died and their children are now the owners. I would assume that in the near future they are going to want to sell it. They do not live on the property. It is around 200 acres. They travel through about a quarter mile of mine to access theirs. They have never helped out with road repairs and have given me grief on other issues. I don't want to just roll over and give them a deeded easement. How easy is it for them to sue and get one. Would I have to give it to them for free?

 

[PayrollHRGuy]

You might want to read through this https://assets.recenter.tamu.edu/Documents/Articles/422.pdf

 

[latigo]

The property is very old. The original owners have died and their children are now the owners. I would assume that in the near future they are going to want to sell it. They do not live on the property. It is around 200 acres. They travel through about a quarter mile of mine to access theirs. They have never helped out with road repairs and have given me grief on other issues. I don't want to just roll over and give them a deeded easement. How easy is it for them to sue and get one. Would I have to give it to them for free?

I think you might be overlooking something here. Like your neighbors ability to claim an implied easement across your property, either by necessity or prior use, and quite title to it.

 

[HRZ]

Well that's a tougher question than one you first asked...and it depends...it may lean towards that you are required to grant an easement IF they sue for same...but there may be devils in details of how the various tracts were created and what the status of the current express or implied use may be ...and if the current use is by permission or not...do not jump to say it is without permission...that might be exactly the wrong answer ....do some more homework on how this plot and roadway came to be . ( It's unlikely to be your job to maintain a roadway for their use )

Does anyone live on the 200 acres ? May matter...I'm not up n TX issues ...bUt in some jurisdictions an easement for a wagon to a farm might NOT be expandable to be a roadway for 4 houses and 4 barns .

THere are multiple on line sites dealing with TX easement issues

 

[don k]

I realize the implied easement and I can not nor do I want to try to keep them from access to their property. I just want to know if I can make it difficult such as making them pay to get a deeded easement through my property. If it were not for the fact that they are not like their Grandparents who originally bought the place and were very good "Down to the Earth Folks" I would never have even asked these questions.

 

[HRZ]

THe rules are not what you want them to be but are as they are....and the odds favor them getting a formal court ordered easement over your lands IF they take the steps to pursue same . But the devil is in the details ..and I'm not up on TX details ...I do know that near me there is a tract of land where the stars do not line up for the users and they are unable to secure an easement even though they have been using that pathway for at least 50 years

THere are lots of circumstances such as use by permission where long term use does not by itself create an easement ..and if that lot was carved off one on the side..that side owner,might be required to grant an easement ....
Do some homework ...and if it seems like neighbor has weak points as to forcing an easement...go get paid review of issues by a good TX land use attorney.

 

[FarmerJ]

When you look at the whole area is there any other way to access a public owned road (township- county- state highway? ) If there is no other way to access that property other than over your s then if the current owners were to sue they would have to show a court WHY they should be granted a easement and that might include the history of the use of it. BUT at this point Id suggest you consider exploring moving their access to a area like say to the edge of your property creating a so called flag pole strip off to the side so its out of the way and consider selling to them that strip so there would not be any more issues such as say one of them tearing up your driveway with too much weight during mud season . ( even if it was only a easement but off to the side you would be able to word it in a way that should your city -twp -county or state hwy depts. build a public road that they can easily connect to then your easement to them would expire, this written easement for a strip off to the side that only they would use could be written requiring them to maintain it such as snow removal, adding gravel as needed but requiring them to get written consent to make any other changes to your land such as if they decided they just had to have a paved with tar driveway you could say NO , in writing you could make sure that it says they cannot grant access rights to any one else , meaning like if they tried to split their property into 4 lots with a well written easement by a Attorney they couldn't sooner or later when they try to sell then access could become a issue so it sounds like it would be a good idea for you to speak to a Attorney now and then address them since you may well be able to make their not having a recorded easement a issue to your advantage now since you are certainly free to have your attorney remind them that its very likely they will not be able to find a buyer with out recorded access and it may be cheaper for them to agree in writing to a new access that only that property would use instead of being forced to sue you for a easement.