easement

[Zigner]

I seriously doubt unless you are starting a "sub division" or such that there are any restrictions on how much easement you have to give. I have a County road that also runs about a quarter mile through my property. I still actually own the road and pay taxes on the land the road uses. This morning after I looked up deeds I went by and talked to the County Judge who I went to H.S. with. He said there was no set width out in the country and it was mostly up to the owner of the land that the easement was on. He said he had seen it all from narrow to wide. He also thought that I was in the "cat bird seat" as he could not see anyone getting a loan the way it was now.

Generally, a local judge, while surely knowledgable of the law in general, will know the specific requirements of the county unless he's recently heard a case involving the question. Your BEST bet is to speak with the folks at the county directly.

 

[HRZ]

OP , you seem to be missing the point that it is not yet clear that neighbor has an existing easement or a winnable set of facts that he is entitled to one ...and TX law is pretty strict about the criteria he must prove if he expects to win. IF the facts are in your favor you may be able to force him into a hefty monthly license to use fee or shut him down for use ...depends... Not every cartway in plain sight constitutes an easement .
May lean that way..but that far from a conclusion.

 

[PayrollHRGuy]

I believe Texas is like Arkansas. while County Judges do have some judicial powers they aren't always lawyers. The primary job of the office is basically the mayor of the county.

 

[LdiJ]

I seriously doubt unless you are starting a "sub division" or such that there are any restrictions on how much easement you have to give. I have a County road that also runs about a quarter mile through my property. I still actually own the road and pay taxes on the land the road uses. This morning after I looked up deeds I went by and talked to the County Judge who I went to H.S. with. He said there was no set width out in the country and it was mostly up to the owner of the land that the easement was on. He said he had seen it all from narrow to wide. He also thought that I was in the "cat bird seat" as he could not see anyone getting a loan the way it was now.

A judge is not necessarily going to know the zoning rules and regs for your county.

 

[LdiJ]

OP , you seem to be missing the point that it is not yet clear that neighbor has an existing easement or a winnable set of facts that he is entitled to one ...and TX law is pretty strict about the criteria he must prove if he expects to win. IF the facts are in your favor you may be able to force him into a hefty monthly license to use fee or shut him down for use ...depends... Not every cartway in plain sight constitutes an easement .
May lean that way..but that far from a conclusion.

He doesn't seem to understand what he must do to fully educate himself. He thought that it was ok to go back to just 1960 to see if his parcel showed any easements or if the parcels were every part of just one parcel. The other party won't make that mistake if they end up litigating the matter.

 

[FarmerJ]

Seriously consider hiring a title search firm to look back farther to make sure there wasn't any formal easement and lastly should you go the route of granting in writing a easement or formal written permission for them to use x amount of that strip to access their land you might want to have a attorney draw it all up for you so there would be conditions where it expires such as say they bought land that butted up to both the county road and this current parcel that doesn't have access to public road and to also expire should your county or township or local govt build a public road that would give to them direct access to the public road.

 

[don k]

Seriously consider hiring a title search firm to look back farther to make sure there wasn't any formal easement and lastly should you go the route of granting in writing a easement or formal written permission for them to use x amount of that strip to access their land you might want to have a attorney draw it all up for you so there would be conditions where it expires such as say they bought land that butted up to both the county road and this current parcel that doesn't have access to public road and to also expire should your county or township or local govt build a public road that would give to them direct access to the public road.

About 15 years ago I bought a part of this property that continues on back for myself and the 2 other owners of land that have to travel through mine to access theirs. It was about 6 acres. On that purchase I had a title policy done. There was no mention of any easement. I moved the road at that time and nothing was said. As long as the 2 other parties could access their property everything was fine. I don't know how much any of you know about rural Texas but people don't spend any more than necessary when buying land. I have talked to many Old Timers around here and there are few that actually have a written and recorded easement. If someone has and that is the only way to get to their property has a road through yours then they will always be able to use that road. This is not N.Y. or Ca. I only want to know is. Can I make them pay to get a either Deeded or Recorded Easement. If they don't need it to sell the property then everything can remain as it is now.

 

[FarmerJ]

Can you make them pay for a well written easement is a strategy to talk to your real estate attorney about including how to get them to think you might be denying access soon which would be their incentive to agree to the easement your Attorney has prepared (that better protects your legal interest) Otherwise can you make them is the same idea of can you sue for anything , people are sued all the time but proving that one was harmed -convincing a court is another, BTW I don't live in a coastal area I live in a rural MN county with a population of 22,000 but I do see a lot of driveways in this area and the county I work in as well as the one I just drive thru to get to work where they have two and three address plates on the post out front in the first parcel and I also see lots of so called flag pole strips of land that connect parcels in the back of another to TWP and county roads. If they refused to agree to a well written easement maybe you will get lucky and it will take them forever and a day to find a cash buyer OR until they get totally desperate to sell and ask you for one instead of trying to find the money to force you to allow access by suing you if you closed off their access which is a talk to have with your atty.

 

[LdiJ]

About 15 years ago I bought a part of this property that continues on back for myself and the 2 other owners of land that have to travel through mine to access theirs. It was about 6 acres. On that purchase I had a title policy done. There was no mention of any easement. I moved the road at that time and nothing was said. As long as the 2 other parties could access their property everything was fine. I don't know how much any of you know about rural Texas but people don't spend any more than necessary when buying land. I have talked to many Old Timers around here and there are few that actually have a written and recorded easement. If someone has and that is the only way to get to their property has a road through yours then they will always be able to use that road. This is not N.Y. or Ca. I only want to know is. Can I make them pay to get a either Deeded or Recorded Easement. If they don't need it to sell the property then everything can remain as it is now.

I already answered that question. I told that that yes, you can make them pay for a deeded or recorded easement UNLESS they investigate better than you did and discover that at one time the two properties were part of the same parcel or that a recorded easement exists that was before 1960 when you quit investigating.

 

[don k]

True or not true? A recorded easement would be surveyed. Could a recorded easement be moved to different areas of the property?

 

[LdiJ]

True or not true? A recorded easement would be surveyed. Could a recorded easement be moved to different areas of the property?

Not without the agreement of the dominant tenant.

 

[don k]

Not without the agreement of the dominant tenant.

What about the surveyed part? Is a recorded easement surveyed? If not then how could the location be enforced?

 

[FarmerJ]

Don If you own the property free and clear and have well marked property lines that would permit you to easily define in footage a easement area what would be the reason to have one done ? unless your actually thinking of selling the strip of land to the ones who use it so you can be totally done with it?

 

[don k]

Don If you own the property free and clear and have well marked property lines that would permit you to easily define in footage a easement area what would be the reason to have one done ? unless your actually thinking of selling the strip of land to the ones who use it so you can be totally done with it?

No, I would not sell the easement as I also use it to get to my house and other parts of the property. I have been told on here to look for the recorded easement if there actually is one. I just was wondering if a easement is recorded in the courthouse records would that recorded easement have actually been surveyed and dimensions for the easement in the records?

 

[LdiJ]

No, I would not sell the easement as I also use it to get to my house and other parts of the property. I have been told on here to look for the recorded easement if there actually is one. I just was wondering if a easement is recorded in the courthouse records would that recorded easement have actually been surveyed and dimensions for the easement in the records?

Its generally described in words and measurements. Google for some examples of easement wordings. You have to look at the deeds for both parcels. Yours and the other one.