easement relocation

[blindmelon]

What is the name of your state?What is the name of your state? Texas

bought ranch property in the early 1970's. the seller let us use their ranch road to access our ranch property which is located in the back of their property. the seller, in the last ten to fifteen years, sold 60 acres between my ranch property and their ranch property to a seperate family.

recently, the seller has become irrate at the people who bought the 60 acres and closed the easement to the other family in addition to my family. through mediation, the seller has stated that we have to call them prior to entering their property when going and coming from our ranch property. the seller has also stipulated that my family pay for a new road to be built at our expense along the south side of their property.

my question(s): is this legal? we have not been the only people using the road for the last 30 years, are we required to move our easement and build a new road at our expense? what are my options?

 

[Meursault]

Does your property deed list the easement and if so, what EXACTLY does it say. Word for word.

 

[nextwife]

What form does your easement take? Did you make certain you had a recorded or recordable easment for access? Or did you merely have verbal permission, rather than an easment? Is it recognized as such on the platmap?

Also, review your title policy to see if you have an insured access of any kind referenced in your title policy. Often, if there is NO legal access, a note taking exception to any title claims resulting from lack of access will be inserted in the policy OR, if access does exist, the easement/access will be referenced and identified for a land-locked parcel.

 

[blindmelon]

response

at the time of purchase, it was not standard practice to place an easement on the deed. the seller basically stated to use the road but was not verbalized as permission granted since the property was landlocked. we have used the same road for as long as i can remember and i'm 38 years old now. i believe that stipulates that this is a permanent easement and the owner has never before tried to close the easement nor has the seller ever required us to do maintenance on the road.

 

[nextwife]

I have seen many easements not actually ON the deed, but existing as a seperately recorded document that attached to the legal description of the property. I've also seen OLD known easements referenced and recognized on area maps and plat maps. Are you saying you had neither? HAVE you gone back to review your title policy or abstract to see what might be there referencing any easement? Because, IF you had legal representation at your acquistion closing, it is very possible your counsel made certain SOMETHING was there to guarantee access.

 

[Meursault]

i believe that stipulates that this is a permanent easement and the owner has never before tried to close the easement nor has the seller ever required us to do maintenance on the road.

What you BELIEVE has no standing in law. Either do as I and Nexie suggested to research your LEGAL position, or you're on your own.

 

[blindmelon]

no records

from my own research,

Texas Real Estate Law states that "right-of-way" may arise from "(i) an espress grant, (ii) from prescription by seven years uninterrupted use through improved lands (iii) by twenty years of use through wild lands, or (iv) by implication of law when right is necessary to the enjoyment of lands grandted by the same owner or by a compulsory purchase and sale through the Superior Court in the manner prescribed by law."

what i want to know is it legal to close the easement off to me due to someone elses actions not associated with my property? and, am i responsible to pay for a new road/easement to be built because the seller wants to move the easement?

 

[blindmelon]

meursault

i have done my research, i have looked at my deed, and i have stated that when the property was purchased it was not standard practice to list it on the deed. this was the early 70's and it's a small town so everyone knows everyone.

verbal permission...non-verbal permission...not in writing...not on deed

property is worthless if you cannot get to it to use it. i have had cattle on my property since my grandfather owned the property.

what i want to know is is it my responsibility to pay for a new road or not? can they close the easement off to me even after using the road for more than 40 years without ever once trying to shut me out? the seller does not claim that i have done anything to hamper my right-or-way or warrant closing the easement. they just want a new road. finally, is it legal to force me to have to call everytime i go to my ranch to manage my property and cattle? i generally go every weekend and i have no other way to get to the property.

 

[Meursault]

verbal permission...non-verbal permission...not in writing...not on deed

What does this tell you? Got about $5,000 (to start) to sue for prescriptive easement? Guess what? awwww hell with it. You want an answer then wait.

 

[nextwife]

Have you looked at anything BESIDES your deed? I already stated that not all easements that exist LEGALLY are shown on the vesting deed.

And, I don't care how small town it is, when buying real estate, it just makes sense to do it right. Verbal means nothing. What if the guy had dropped dead or had a stroke? What if he lost the property to foreclosure and your neighbor ended up being an east coast bank's reo department? Just because something was OK with everyone yesterday does NOT mean it's ok today, and without a recorded document establishing your rights you have no legal protection.

Now, go BACK to your records and pull out your title policy or abstract and see if there is any reference anywhere to a legal easement for access. If not, plan on building a newe road and be GLAD that he's willing to allow you to run one along the property line instead of leaving you no access at all.