easement

[HRZ]

UNless there was prior unity of ownership as to these two tracts the owners of the 200 acres might be out of luck?

 

[FarmerJ]

AS mad as these people have made you if you totally deny them when it comes to crossing your land you may find your self even madder if they won a easement with the easements current location really stinking as far as disruption and all the BS that could affect your property value in a negative way. BUT if you speak to a Attorney or better yet a real estate atty then perhaps you can come up with something that will work better for you such as selling to them a strip of land off to one side of your property or steering them into at least a easement is written well enough that either they accept it or they understand that they are going to spend a lot to sue for a easement ( no matter what here unless you were willing to buy that land when it goes on the market then it sure seems like a good choice would be to work it to your advantage now since you too someday may want to sell and wouldn't want to take a loss on the property because the current easement situation is real lousy and chases buyers off.

 

[latigo]

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. (?). . . .

You talk with forked tongue!

 

[LdiJ]

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?

Food for though:

If they have to hire an attorney, the first thing the attorney will do is trace the deeds for your property and that property as far back as the deeds go. If at any point of time its discovered that the two properties were ever on one deed, then its nearly guaranteed that they will automatically get an easement without having to pay you for it. In addition, if its discovered that any of the past deeds gave them an easement, again, that easement will still exist and you will be SOL.

The only way that you can guarantee that you will get any money out of them (or will be able to move the easement to a more convenient location) would be if you negotiate that now, before they decide it has to be adversarial.

 

[don k]

As I said before I am not trying to limit their access to their property. The lane is already on the edge of mine. I have it fenced and is 20' wide. I as well as 2 other parties who actually have to travel through 3/4 mile of mine use it. Non of the parties live on their properties. The only one I have had and am still having problems with in a way is the ones that only use the first quarter mile. Like I said before shortly I would imagine that they are going to put the 200 acres on the market because the 3 that own it are money hungry and have no interest in keeping it. And as some have said the number of lending agencies that will loan a potential buyer money for the purchase may be limited. Though if they would find a buyer with cash then this becomes a moot point. If they or a lawyer approaches me and I say yes I will give them an easement of record for X amount and clauses that make them provide upkeep and some other restrictions would that be possible. What if they then say no we just want the easement and will not give you anything.

 

[HRZ]

You are short of at least one key fact ..and you would be well served to do some homework ...and that is was that first lot ever under common ownership with your lot ? And was there ever any formal grant of easement.

TX is very specific about the need for common prior ownership .in easement issues and absent same YOU may hold a lot of leverage IF you play your poker cards well.

ANd the time to sort out your poker hand is BEFORE the plays begin. ( And keep your mouth th shut for now )

Many an intelligent prospective buyer will steer clear f a cloudy access situation and others will severely discount the offer to allow for "problems " ...and one of the very seasoned RE lawyers I know flat out advises his clients /friends to walk away from easement /ROW situations .

 

[don k]

I have looked at the deeds that I have and see no easements listed. I am going to go to the Courthouse and look there. Thanks so far.

 

[HRZ]

YEs or No..these were lots under common ownership in past times

 

[FarmerJ]

While your looking into things farther it may be worth it for you to find out if your county has any restrictions / ordinances etc that address private roads such as any building restrictions or newer rules pertaining to properties that do not have their own access to public roads, BUT yes I too was curious as to if all these now individual properties were all one large parcel many years ago , this property im at used to be a much larger dairy farm and when it was split the other two new parcels were along public roads , the one to the south of me has its driveway on a twp road like I do but that parcel was split into two , one in rear and other in front along twp rd

 

[don k]

I went to the court house and looked at deed records through the 1960'sand found no references to any easements. The only thing I see is on my deed that says. "This conveyance is made and accepted subject to any and all covenants, restrictions,conditions,easements and reservation,if any to the extent same are in effect at this time relating to the property. A. Any visible and apparent easements on or across the property which are not shown of record." This is probably generic to all warranty deeds.

 

[PayrollHRGuy]

is probably generic to all warranty deeds.

It likely is but that doesn't make it any less binding.

 

[don k]

It likely is but that doesn't make it any less binding.

So if I give them say a 10' wide and 1300' easement of record that is good enough to satisfy the easement?

 

[HRZ]

Get off your duff and do some homework or get some paid help ...I have no clue if a visible and apparent pathway constitutes a easement in Texas in the language you quote...but it's sure a grey cloud until clarified . ..dark grey clouds NOT in your favor.

I have no clue as to your local laws as to minimum roadway or cartway widths ..which might matter ...14' and 30' are common around me..and Fire Depaetment wants 24' min ...but I've seen some 8' cartways ...odds are there must be room for 2 cars to pass..then again the public roadway to my cottage narrows to 6 1/2' but I'm not in TX
.

TX law seems unfavorable to the party seeking easement if they cannot show prior unity of ownership.

 

[LdiJ]

So if I give them say a 10' wide and 1300' easement of record that is good enough to satisfy the easement?

That probably is not wide enough. As someone else already pointed out the fire departments requires 24'. Also, going back to the 1960's is not going back far enough. You need to go back as far as there are written records on your parcel.

 

[don k]

That probably is not wide enough. As someone else already pointed out the fire departments requires 24'. Also, going back to the 1960's is not going back far enough. You need to go back as far as there are written records on your parcel.

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.