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    Easement question

    Had a guy just purchase land beside me & there’s an easement road to access other properties down the easement. I have a trailer house at the back of my property that no one lives but the easement is the Only way to access it. Also when it rains & my ponds are full it’s the only way I can get to where my stands are in my property. His property ends about 10’ to the right of the road. With all this rain I’ve been accessing my feeder & hunting area, which is a pipeline that runs through both our properties by crossing his 10’ at the pipeline. Went yesterday & pulled cards the way I normally do with all the rain in Jeep. Now this morning I went to the stand to get my bow hanger from the tree cause I was hunting another property & sometime yesterday after we left for church he has put up some gate post to gate off the road. I haven’t talked to him yet beens a this just happened yesterday, but with that being to only access to the house in the back of my place can he gate it off not allowing access? Again I haven’t talked to him but I’m just wondering how someone might approach this situation.

    #2
    In Texas you can be land locked trust me I have some acreage I have not been able to get too since 98. Go talk to the new owner and get a written agreement to cross. any old agreements with the previous owners are now void after the sale. https://agrilife.org/texasaglaw/home/ search this web site.

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      #3
      Pretty confusing. But to sum up..it's up to you to stay on the easement. Can't be on his private property.

      He has zero to do with your easement (sounds like). Unless the easement is on his property then you'd have to read the easement document.

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        #4
        Is it your easement or someone eles's easement? I get to my house down a deeded easement but the entire purpose of the easement is to allow access to this place. There are other pipeline easements that I do not have the right too.

        -john

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          #5
          We get to our property out west through a deeded easement. If you do not have a deeded easement, then the owner of that property could keep you from using it.

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            #6
            If you have an easement he can’t stop you from using it. Just talk to him as he may not know there is a deeded easement to the property.

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              #7
              Originally posted by TX_Hoghunter View Post
              Is it your easement or someone eles's easement? I get to my house down a deeded easement but the entire purpose of the easement is to allow access to this place. There are other pipeline easements that I do not have the right too.

              -john
              I’ll have to go back through my paper work in the house. When we bought the place in ‘11, I believe I remember something about easement rights. But now that you said that I maybe only have rights to my house in the back. So I could be in the wrong for cross his 10’ on the pipeline. But there’s also other people that live back there.

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                #8
                Can you post a aerial photo of said easement?

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                  #9
                  Originally posted by Mayhem View Post
                  Can you post a aerial photo of said easement?
                  My internet filter want let post pictures. Not sure why.

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                    #10
                    Not sure exactly what you are describing,but if you have to get off the easement & cross his 10' he can stop you there. You can not leave the easement. I had to talk to the neighbors hunters once on my old place. They drove around a big mudhole in their easement and on to my place. Nicely told them it was their responsibility to maintain the easement & I didn't want ruts on my place. Definitely check your records on easement use.
                    Last edited by DUKFVR; 10-22-2018, 07:05 AM.

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                      #11
                      Tread lightly. Pun intended. As mentioned, before you can even think about an accurate answer you will need to look at the survey, closing documents etc. The new owner of the adjacent property has (well certainly should have) recently reviewed the same (at time of purchase). He is probably pretty miffed about ruts etc. on his new property.

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                        #12
                        Hope it works out for you.

                        -john

                        Comment


                          #13
                          Originally posted by Black-N-Red View Post
                          I’ll have to go back through my paper work in the house. When we bought the place in ‘11, I believe I remember something about easement rights. But now that you said that I maybe only have rights to my house in the back. So I could be in the wrong for cross his 10’ on the pipeline. But there’s also other people that live back there.
                          Easement can go away as well,they can also be very specific on use.

                          If it was recorded it should show up on title and the survey.

                          Was the property he bought listed, may be smart to speak to the original Seller and see what their understanding was on the easement.

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