Land usage off private road in Texas to get to gate

[11Brian11]

Hello, to make it short. I'm using a private road and neighbor says I cant because he owns the land to turn off the road to go into my gate which is 10ft for one gate and 3ft for the other. My Land is not landlocked. The road is owned in sections by multiple people and houses. Should I take him to court? Is he right?

 

[quincy]

Hello, to make it short. I'm using a private road and neighbor says I cant because he owns the land to turn off the road to go into my gate which is 10ft for one gate and 3ft for the other. My Land is not landlocked. The road is owned in sections by multiple people and houses. Should I take him to court? Is he right?

He could be right.

Do you have access to your property that does not cross your neighbor’s land? If not, why not?

How long have you been using the private road?

 

[11Brian11]

Thanks for your reply. We purchase realizing a private road can be used by the general public. Since the altercation we now have been driving across 10 acres with 3 gates and driving in middle of another neighbors driveway. I may of been using it for a month.

 

[quincy]

Thanks for your reply. We purchase realizing a private road can be used by the general public. Since the altercation we now have been driving across 10 acres with 3 gates and driving in middle of another neighbors driveway. I may of been using it for a month.

Private roads are called private because they can’t be used by the general public.

You will need to see if an easement was granted to your property for use by you of your neighbor’s property.

 

[11Brian11]

Private Roads
A street or route that is designated by a public authority to accommodate a person or a group of people.
A private road is often established because an individual needs to gain access to land; such a road can cross another person's property. A private road can be used by the general public and is open to all who wish to use it, but it primarily benefits those at whose request it was established. Unlike highways that are cared for by the public at large, private roads are maintained at the expense of the private individuals who requested the road.

 

[quincy]

You should check to see if an easement was granted for your use.

Texas Transportation Code Section 542.005 on Rules on Private Property:
https://statutes.capitol.texas.gov/Docs/TN/htm/TN.542.htm

 

[11Brian11]

No Sir, there wasn't and easement on our deed nor was granted. Do think the 3ft section on the side of road is ok?

I found this one two.
542.005. RULES ON PRIVATE PROPERTY. This subtitle does
not prevent an owner of private property that is a private road
from:
(1) regulating or prohibiting use of the property by
the public for vehicular travel; or
(2) requiring conditions different from or in addition
to those specified by this subtitle.

 

[quincy]

No Sir, there wasn't and easement on our deed nor was granted. Do think the 3ft section on the side of road is ok?

I found this one two.
542.005. RULES ON PRIVATE PROPERTY. This subtitle does
not prevent an owner of private property that is a private road
from:
(1) regulating or prohibiting use of the property by
the public for vehicular travel; or
(2) requiring conditions different from or in addition
to those specified by this subtitle.

You quoted the section of the Transportation Code I linked to in my previous post.

I don’t know if the 3 ft section on the side of the road is okay for you to use. That would be something to ask your neighbor.

 

[11Brian11]

Ok. I'm sorry I didnt read your post. So I'm safe driving on the road just not leaving the road? The owner I purchased from said it was ok, his wife is saying no know. Thanks for all your answers

 

[quincy]

I don’t know if you are “safe” driving on the road, if the private road is on your neighbor’s property and you do not have an easement or permission from the property owner to use the road.

You should speak to the previous owner and/or the neighbor to see what the problem is with your use.

 

[11Brian11]

what a joke

 

[quincy]

what a joke

And the joke is ...? Do you have a better answer to your question based on what you have provided in the way of information?

What did the previous owner say about the road when you purchased the property? Did they use the road? If so, for how long?

 

[11Brian11]

ou keep telling me to talk to the neighbors. I told you I did and obviously I wouldn't be here talking to you if everything was okay.

 

[Just Blue]

You keep telling me to talk to the neighbors. I told you I did and obviously I wouldn't be here talking to you if everything was okay.

Your rudeness toward Q is uncalled for and out of line.

 

[11Brian11]

Ok