Easement rights?? Please HELP

[mcooper131416]

This is kind of long and hopefully I can explain it correctly where you can understand
In 2012 my parents purchased a piece of property next door to them and put a mobile home on it. They built a driveway from the dirt road that leads to their home and the property/mobile home.
In 2013 they GIFTED the home and property to me. In 2016 my dad asked me to gift the driveway over to him so he would be responsible for maintenance of that driveway. I gifted it to him but still paid for at least 2-3 loads of gravel and paid 1/2 on an electric gate opener he wanted to put in.
He recently asked me to sign my property and house over to him in which I refused to do. Since I refused to do so he built a fence in between my property and his where now we are barely able to park our 2 vehicles and my husband cant even park his extra car.
My dad has not threatened to file criminal trespassing charges against my husband so that he can not use the driveway and would have to park his car in the ditches.
We can make a new driveway from out dirt road but would have to tear down our front yard fencec and move our sprinkler system around and further more we cant afford to put in a driveway right now.
Do I have any legal rights to use the driveway? It was my driveway from 10/2013-11/2016. But even prior to them owning the driveway, when my other neighbor (the person who my parents purchased the property from) allowed me to use the driveway to park my vehicles. So realistically we have been using this driveway since 2006.
Can I sue for easement rights? I was told that I couldnt because I have access to put in a new driveway elsewhere.
If I can sue where would I start? I would prefer to not have to spend money on getting a lawyer.

thank you for any help

Also, in case it helps, I am in Texas

 

[quincy]

One thread is all that is needed on this forum. Your other thread will be deleted. Please keep all questions and comments here. Thanks.

Someone will be along shortly to address your concerns.

 

[LdiJ]

This is kind of long and hopefully I can explain it correctly where you can understand
In 2012 my parents purchased a piece of property next door to them and put a mobile home on it. They built a driveway from the dirt road that leads to their home and the property/mobile home.
In 2013 they GIFTED the home and property to me. In 2016 my dad asked me to gift the driveway over to him so he would be responsible for maintenance of that driveway. I gifted it to him but still paid for at least 2-3 loads of gravel and paid 1/2 on an electric gate opener he wanted to put in.
He recently asked me to sign my property and house over to him in which I refused to do. Since I refused to do so he built a fence in between my property and his where now we are barely able to park our 2 vehicles and my husband cant even park his extra car.
My dad has not threatened to file criminal trespassing charges against my husband so that he can not use the driveway and would have to park his car in the ditches.
We can make a new driveway from out dirt road but would have to tear down our front yard fencec and move our sprinkler system around and further more we cant afford to put in a driveway right now.
Do I have any legal rights to use the driveway? It was my driveway from 10/2013-11/2016. But even prior to them owning the driveway, when my other neighbor (the person who my parents purchased the property from) allowed me to use the driveway to park my vehicles. So realistically we have been using this driveway since 2006.
Can I sue for easement rights? I was told that I couldnt because I have access to put in a new driveway elsewhere.
If I can sue where would I start? I would prefer to not have to spend money on getting a lawyer.

thank you for any help

Also, in case it helps, I am in Texas

I am confused on one issue. Did your dad gift you the mobile home and the property it stands on, or did your dad gift you the house and property that he used to live in?

 

[adjusterjack]

We can make a new driveway from out dirt road but would have to tear down our front yard fencec and move our sprinkler system around and further more we cant afford to put in a driveway right now.

Then you can't afford the lawyer that it will take to attempt to force an easement.

 

[mcooper131416]

I am confused on one issue. Did your dad gift you the mobile home and the property it stands on, or did your dad gift you the house and property that he used to live in?

He gifted me the mobile home and the property it sits on.

 

[mcooper131416]

Then you can't afford the lawyer that it will take to attempt to force an easement.

We can afford to get a lawyer and we can afford to put a driveway in. We just prefer not to have to go that route since we have spent the last 2 years putting money into our savings account so we can move the heck out of this place and thats another issue. my dad knows we have saved over $40,000k and when he knows we want to move and he doesnt want us to move. He is very controlling and likes to have controll over everyone
I was told I could go through my local commissioners office and sue and that I didnt need a lawyer to do that. But wanted to see if I could get information about this issue before I wasted any time and/or money pursing it

 

[bcr229]

Bear in mind that if you do sue there is no guarantee you will win since you have road frontage.

Also when selling your father can be a PITA and drive away buyers if they have to cross over his land to get to yours. Your property will be much more attractive if it is accessible without an easement over your dad's land.

 

[LdiJ]

We can afford to get a lawyer and we can afford to put a driveway in. We just prefer not to have to go that route since we have spent the last 2 years putting money into our savings account so we can move the heck out of this place and thats another issue. my dad knows we have saved over $40,000k and when he knows we want to move and he doesnt want us to move. He is very controlling and likes to have controll over everyone
I was told I could go through my local commissioners office and sue and that I didnt need a lawyer to do that. But wanted to see if I could get information about this issue before I wasted any time and/or money pursing it

If you want to move you need to be able to sell the property. You cannot sell it if there is an issue regarding the easement. It might be smarter to put in a separate driveway so that the easement is a non issue.

 

[mcooper131416]

If you want to move you need to be able to sell the property. You cannot sell it if there is an issue regarding the easement. It might be smarter to put in a separate driveway so that the easement is a non issue.

unfortunately selling it poses a whole different issue. We do not have a title to the mobile home. When my parents purchased it it was a foreclosure home and my dad claims he didnt want to take any chances of the serial number coming back on him if taxes were owed on the home. So he took off all the serial numbers in the house and now I cant file for a new title. So selling it would be pretty difficult not to mention we live in a very small and undesirable town. Most people who live here dont move and those who do sell sit on it for at least a year plus.
Maybe my best is to put a driveway in and when we do move we can rent it out.

 

[Zigner]

We can afford to get a lawyer and we can afford to put a driveway in.

We can make a new driveway from out dirt road but would have to tear down our front yard fencec and move our sprinkler system around and further more we cant afford to put in a driveway right now.

I guess the facts are fluid...

 

[bcr229]

Maybe my best is to put a driveway in and when we do move we can rent it out.

If it's a rental then you don't want an easement, you want your own driveway, unless you want three-way drama battles over access between yourselves, your father, and you as the landlord.

 

[FarmerJ]

I can see the following happening 1# you move out and rent it out #2 he begins to block the driveway to interfere with tenant coming and going #3 tenant either refuses to pay rent any more since they had been denied access or Tenant breaks the lease and moves out leaving you with out rental payments or moving out in the winter so you a have to pay for heating a empty house until it can be winterized. Spend the money to put in a driveway and go talk to a lawyer about what you may need to have / do in order to be able to sell the whole place later on .