TX Supreme Court allows property to be landlocked

[texansfan]

https://law.justia.com/cases/texas/supreme-court/2016/14-0591.html

I've always heard "no property can be landlocked in Texas!"
Well, according to this court case that's not always true.

https://www.texasoilandgasattorneyblog.com/2016/07/texas-fifth-circuit-court-addresses-easement-necessity-requirements.html

"The Court noted that proof of unity of ownership and current necessity of a roadway are not enough to establish an easement by necessity, and that the party seeking the easement must prove the necessity existed at the time the dominant and servient estates were severed. In this case, the Court held that Staley had failed to show that, at the time of severance, a necessity across the Stiles Tract to a public road existed."

[BrandonA]

Wow thats BS.

[Tuffbroadhead]

That will go to a higher court....they are arguing over proof of necessity for something that transpired in 1866?

[Grayson]

Looks like this came out in 2016, why is it news now?

[texansfan]

That will go to a higher court....they are arguing over proof of necessity for something that transpired in 1866?

The supreme court is the highest court in Texas
Lower court already landlocked it
He appealed to Supreme court and they affirmed
Which is the case I linked above is the affirmation

Not only that, the guy that wanted the easement got hit with like a $50k attorney bill for the defendant!

So, as we see, your land CAN BE landlocked.

[texansfan]

Looks like this came out in 2016, why is it news now?

Because last month on this site folks are still passing around the notion that no land can ever be landlocked in Texas.
That's a great amount of misinformation that can ckst some folks a great deal of coin.

I relied on that similar info and bought landlocked property in December
For the last three months ive been having lawyers shoot me down on taking my case to get an easement by necessity because they point to this case.

So now I must sell to the guy who has road frontage for less profit than I'd have liked.

[batmaninja]

Stiles is shown in green. Staley is shown by the arrow.

Staley alleged that the Staley Tract has been landlocked since 1866 and an easement of necessity across the Stiles Tract to the public road was created at the 1866 severance because Honey Creek and its tributaries bordering the Staley Tract on three sides was impassable. However, Staley provided no evidence that a public road existed abutting either estate at the time of severance. There was no evidence of any road on or abutting either tract in maps from 1936 or 1944.

Staley heirs screwed themselves back in the 1800s.

[hardtner]

Because last month on this site folks are still passing around the notion that no land can ever be landlocked in Texas.
That's a great amount of misinformation that can ckst some folks a great deal of coin.

I relied on that similar info and bought landlocked property in December
For the last three months ive been having lawyers shoot me down on taking my case to get an easement by necessity because they point to this case.

So now I must sell to the guy who has road frontage for less profit than I'd have liked.

I hope that the information you relied on wasn’t from an Internet forum. I have heard this “no landlocked in Texas” deal for years from well intentioned and professional people and I always argue that isn’t the case. I own landlocked land own land in front of landlocked people. It’s just the way it is.

[The Crippler]

Because last month on this site folks are still passing around the notion that no land can ever be landlocked in Texas.
That's a great amount of misinformation that can ckst some folks a great deal of coin.

I relied on that similar info and bought landlocked property in December
For the last three months ive been having lawyers shoot me down on taking my case to get an easement by necessity because they point to this case.

So now I must sell to the guy who has road frontage for less profit than I'd have liked.

But, but, according to TBH, you don't need a realtor or real estate attorney to buy land, it's easy! Title insurance is a joke! Why pay all those fees just to buy land?

[meltingfeather]

It's pretty cut and dried IMO.
The back story isn't in there, but what happened at the comma in:
"After acquiring the Staley Tract, Staley sued the owners of the Stiles tract[...]"
is pretty important here and probably the best opportunity for friendly resolution.
The land was and had been land locked for a looong time when they bought it. Nothing the court did created that situation.
Lesson: don't buy landlocked property unless you want to be at the mercy of your neighbors.

[texansfan]

But, but, according to TBH, you don't need a realtor or real estate attorney to buy land, it's easy! Title insurance is a joke! Why pay all those fees just to buy land?

I hope that the information you relied on wasn’t from an Internet forum. I have heard this “no landlocked in Texas” deal for years from well intentioned and professional people and I always argue that isn’t the case. I own landlocked land own land in front of landlocked people. It’s just the way it is.

Yes I relied on the internet for that info.
But lucky for me it was a cash deal and I got it for a song (Me thinks because the former owners knew this landlocked situation)
I still jumped on it thinking I could use The Art of The Deal and get the frontage road owner to workwith me.
No dice.
So I'm going to sell to him for a profit But not the PROFIT that I had in mind.
Oh well. At least I didn't lose on this one and this is the last time I'm ever buying landlocked anything!

[elliscountyhog]

So the thread i started a month back regarding buying land locked land.

So there is 2 gates on old paved county roads that access the "river bottom". After meeting with the landowner that put the gates up. His explanation was. The landowners in the "river bottom" own the gates. Giving us a key is no problem and it is an old county road.
That road then turns to dirt. At which time the landowner owns both sides of this old county road that is now dirt. He agreed that we will always have access to our property. However he does NOT want to do legal easement because he may one day decide he want to reroute the road but will always provide access to the land. Again according to the county cad map this is an old county road. So according the real estate and him we have a easement of prescription. The lawyer we hired wasn't much help other then he can annex that county road and own it. And he says we will always have access. There is 3 landowners using the same easement and have been for well over 50 years. This owner just purchased and annexed in the last 5years.

I would attach a map describing everything but I have no computer skills like some of you.

[Ætheling]

It happens a lot. THe rancher behind us at our old place parceled out pieces to church members with no easement to get to it other than his word. He dies and there are people behind us with no road access to property. At that point the property loses most of its value as it only has utility to someone adjacent to the property that already has road access.

A bank will not finance any property that does not have a recorded deeded easement to it from the main road.

[hardtner]

But, but, according to TBH, you don't need a realtor or real estate attorney to buy land, it's easy! Title insurance is a joke! Why pay all those fees just to buy land?

[meltingfeather]

Staley heirs screwed themselves back in the 1800s.

Staley screwed themselves when they acquired the property in 2009.

I hope that the information you relied on wasn’t from an Internet forum. I have heard this “no landlocked in Texas” deal for years from well intentioned and professional people and I always argue that isn’t the case. I own landlocked land own land in front of landlocked people. It’s just the way it is.

^^this

But, but, according to TBH, you don't need a realtor or real estate attorney to buy land, it's easy! Title insurance is a joke! Why pay all those fees just to buy land?

lol
somebody's going to end up saying the same thing at some point about all these NFA trusts.