Ingress/Egress Easement and "No Trespassing" Signs

[Lara Nadia]

What is the name of your state? Texas
Hello,
I have 1 acre surrounded by undeveloped land that is thick with trees. The only way in and out of my home is a deeded easement that is 50' wide and extends from the first public road to my home. My neighbors own the easement and also must use it to access their property.
They recently built an 11' wide cattle guard with metal fence posts and fencing on both sides. The "clay" dirt they used to support the cattle guard is slippery after it rains(my truck slides, and I am careful, after it rains, while going through the cattle guard.) Additionally, they posted two, "No Trespassing" signs on either side of the cattle guard, and wrote in on each sign, "Survivors Will Be Prosecuted."
My first concern is access for emergency vehicles(a large EMS or fire truck may not make it through the opening to reach my property or even theirs). But, what about a large UPS, Electric company, moving truck, construction company truck, etc...? The threatening signs are aweful. I will now need to remember to reassure anyone that has not yet been to my home to just come through the cattle guard/fence thing despite the signs. And, the fact that the opening is narrow and slippery after it rains means I or someone visiting me may eventually hit a metal post and sustain damage to a vehicle.
If they were level headed reasonable people I would have approached them with my concerns. But, they drink alcohol daily and heavily, and their family and associates include a convicted sex offender, methamphetamine drug user, auto theif, and more. I may need an attorney for this; but I am afraid of possible backlash if I persue this. I can't wait to move one day; but, for now I cannot move for complicated reasons.
Does anyone know if building something that partially obstructs a deeded ingress/egress easement is legal? Are threatening signs allowed to be posted on an ingress/egress easement? Does anyone have any ideas or suggestions on how to handle this? Thank you for any ideas, experiences, or suggestions anyone has to offer.

Lara

 

[fairisfair]

duplicate post

https://forum.freeadvice.com/showthread.php?t=344620

 

[sgtdanmurphy]

Go the courthouse and get of copy of the exact deed. You need to look at the exact verbage on it. If it indicates the 50' easement is to remain unencumbered, then perhaps you can go to the neighbors first and get some of you concessions out of them.

I would advise against lawyers, surveyors, and world war three if at all possible.

 

[Ozark_Sophist]

The posts for the gate and signs are encroaching on your easement. From my own experience, the best bet would be to talk to a local attorney. Our front neighbor threatened to do the gate bit on our ingress/egress easement. We talked to our real estate attorney who told us because the gate didn't exist when the easement was formed, the subservient landowner would have to get permission from the dominant land owners (those with a deeded easement across the land) before constructing anything on the easement. (more or less, I forgot exactly how he worded it)

My own front neighbor threatened to shoot surveyors, so I kind of know how it feels. I warned him he better buy a large million dollar plus umbrella policy because if he builds enroachments that restrict emergency response to my property and my family suffers for it, I'll be going after him.

 

[Lara Nadia]

Ingress/Egress "No Trespassing" etc..

Thank you for the replies. Actually, I redid the survey for the second time 6 years ago in the hope that my property line issue could be resolved.
The local fire department came hear an hour ago at my request. He said that an emergency vehicle could make it through, but may need to use my neighbor's property to make a wide turn in order to access my home. So, that is a good thing--as it were. I was actually hoping that he would say that it would need to be widened for emergency vehicles. This way it could be presented to the neighbors as such with perhaps a good outcome. But, he did point out that the metal bars that comprise the cattle guard are broken and one must be careful not to tear up a tire.
But, it still makes me angry that we now have a narrow, potentially damaging, inhibitory("No Trespassing, Survivors will be prosecuted.") cattle guard fence thing. Who will foot the bill to remove it when I have a cement truck or moving van(Can't wait for that day) come through? Will I need to pick up packages because delivery services refuse to enter? Will the pizza delivery person refuse to deliver here now? Who pays for the damages if I hit a metal post due to how unstable and slippery the ground(mud) becomes after it rains?
I can see that my neighbors feel that all of this property, including mine is theirs to do what they wish with it. For example, they had water meters installed on the easement before I moved here. About once or twice a year someone drives over them. Water everywhere. Still they don't have them moved.
If I thought there was even a chance that I could discuss this issue with them I might. It looks like I either have to tolerate encroachment of my rights again or see an attorney. And I am concerned about repercussions if I take civil action. So, I am in conflict. For now, I will continue to research possible options. BTW, I did get a copy of the easement. It is described as permanent, 50' wide, and the exact points have been surveyed.
Any further advice or ideas are most welcome. And again, thank you for taking the time to offer what you already have.

Lara