Reply
Go Back   TexasBowhunter.com Community Discussion Forums > Topics > Around the Campfire
 
Thread Tools Display Modes
Old 01-23-2020, 03:05 PM   #1
Black-N-Red
Ten Point
 
Black-N-Red's Avatar
 
Join Date: May 2016
Location: Weldon,Tx
Default Easement question

Can someone explain this to me?? Long story short guy beside me bought property & put up a gate. Which means I can no longer access the back of my property when I want to.


Sent from my iPhone using Tapatalk
Black-N-Red is online now   Reply With Quote Back To The Top
Old 01-23-2020, 03:17 PM   #2
Capp35
Ten Point
 
Capp35's Avatar
 
Join Date: Nov 2009
Location: Cypress, Tx
Hunt In: Menard & Milam county
Default

Can you access it through the rest of your property, such as is it attached?
Capp35 is offline   Reply With Quote Back To The Top
Old 01-23-2020, 03:20 PM   #3
bowhuntertex
Pope & Young
 
bowhuntertex's Avatar
 
Join Date: Oct 2006
Location: Wimberley
Hunt In: Where ever the wind takes me......
Default

If it is an established easement he cannot lock you off of it.
bowhuntertex is offline   Reply With Quote Back To The Top
Old 01-23-2020, 03:25 PM   #4
wytex
Eight Point
 
wytex's Avatar
 
Join Date: Sep 2017
Location: Wyoming
Hunt In: Wyoming , Texas, Colorado, Nebraska
Default

Is the easement recorded on your deed? If so sent him a copy then he will have to grant access.
I would show him first then call the sheriff, he will explain your legal access.
wytex is offline   Reply With Quote Back To The Top
Old 01-23-2020, 03:25 PM   #5
Black-N-Red
Ten Point
 
Black-N-Red's Avatar
 
Join Date: May 2016
Location: Weldon,Tx
Default

Quote:
Originally Posted by Capp35 View Post
Can you access it through the rest of your property, such as is it attached?


I can with my 4 wheeler or golf cart. But I canít get a truck & trailer to back of my property.


Sent from my iPhone using Tapatalk
Black-N-Red is online now   Reply With Quote Back To The Top
Old 01-23-2020, 03:28 PM   #6
Black-N-Red
Ten Point
 
Black-N-Red's Avatar
 
Join Date: May 2016
Location: Weldon,Tx
Default

Quote:
Originally Posted by wytex View Post
Is the easement recorded on your deed? If so sent him a copy then he will have to grant access.
I would show him first then call the sheriff, he will explain your legal access.


The picture is the paper I have when we closed on the property.


Sent from my iPhone using Tapatalk
Black-N-Red is online now   Reply With Quote Back To The Top
Old 01-23-2020, 03:28 PM   #7
buxNdux
Eight Point
 
buxNdux's Avatar
 
Join Date: Oct 2011
Location: Lubbock
Hunt In: Lubbock, Mason, Goldthwaite
Default

I think that's a rural utilities right-of way easement, typically for water line access.
buxNdux is offline   Reply With Quote Back To The Top
Old 01-23-2020, 03:39 PM   #8
SamSowell
Four Point
 
Join Date: Aug 2017
Default

.
SamSowell is online now   Reply With Quote Back To The Top
Old 01-23-2020, 03:40 PM   #9
SamSowell
Four Point
 
Join Date: Aug 2017
Default

Quote:
Originally Posted by buxNdux View Post
I think that's a rural utilities right-of way easement, typically for water line access.

https://www.rd.usda.gov/files/TX_442-9.pdf


I think you're correct
SamSowell is online now   Reply With Quote Back To The Top
Old 01-23-2020, 03:51 PM   #10
M16
Pope & Young
 
M16's Avatar
 
Join Date: Dec 2009
Hunt In: Colorado, LaSalle, ,Menard Counties
Default

Did you have a lawyer review the paperwork before you closed on the property? I’d ask him.
M16 is offline   Reply With Quote Back To The Top
Old 01-23-2020, 03:56 PM   #11
Rick
Ten Point
 
Join Date: Nov 2006
Location: White Oak
Hunt In: Junction
Default

im curious to the answer, I don't have a good understanding of easements. I thought they were mostly for landlocked property, but u said u can access yours with out the easement? I think that is what u said
Rick is offline   Reply With Quote Back To The Top
Old 01-23-2020, 04:01 PM   #12
buxNdux
Eight Point
 
buxNdux's Avatar
 
Join Date: Oct 2011
Location: Lubbock
Hunt In: Lubbock, Mason, Goldthwaite
Default

There are many many different kinds of easments, and most are not for landlocked property, but that is one most heard about due to people buying land and access being an issue. That stuff gets real tricky if there isn't an established easement for access.
buxNdux is offline   Reply With Quote Back To The Top
Old 01-23-2020, 04:13 PM   #13
friscopaint
Ten Point
 
Join Date: Nov 2006
Location: Collinsville
Default

Definitely no land attorney but doesn't sound to me as much of a case.......I would be looking at my deed and closing documents
friscopaint is offline   Reply With Quote Back To The Top
Old 01-23-2020, 04:14 PM   #14
JayB
Ten Point
 
JayB's Avatar
 
Join Date: Oct 2006
Location: Rowlett
Hunt In: Cass County
Default

You should be looking for an easement that gives you rights of ingress and egress....that is Your ability to access land. The easement listed was for another purpose.

You may just have to talk to the neighbor about using a lock along with his lock.
JayB is online now   Reply With Quote Back To The Top
Old 01-23-2020, 05:23 PM   #15
Burnadell
Pope & Young
 
Burnadell's Avatar
 
Join Date: Oct 2006
Location: White Oak
Hunt In: Bee County
Default

Quote:
Originally Posted by Black-N-Red View Post
The picture is the paper I have when we closed on the property.


Sent from my iPhone using Tapatalk
How long have you had the property, and what was your understanding when you bought it about your ability to only access that part by going through your neighborís land? Did you think/know that you had a dedicated easement?

How much land is it that is not accessible by truck?
Burnadell is offline   Reply With Quote Back To The Top
Old 01-23-2020, 05:39 PM   #16
Black-N-Red
Ten Point
 
Black-N-Red's Avatar
 
Join Date: May 2016
Location: Weldon,Tx
Default

Quote:
Originally Posted by Burnadell View Post
How long have you had the property, and what was your understanding when you bought it about your ability to only access that part by going through your neighborís land? Did you think/know that you had a dedicated easement?



How much land is it that is not accessible by truck?


We bought the property in 2011, my understanding was we had a right to the easement due to the fact that there is a trailer house on the back of the property. Not sure on a dedicated agreement, Iím still going through all my closing paperwork.

We have 28 acres. The front portion of the land has the house, barns, 2 ponds & a guest house on it. The only way to access the trailer house in the back is down the easement, which we will be needing to access this spring.

I talked to the current landowner & he says the only easement mentioned is the 50acres at the end of the easement road. And he has a verbal agreement with another landowner in the back.


Sent from my iPhone using Tapatalk
Black-N-Red is online now   Reply With Quote Back To The Top
Old 01-23-2020, 06:43 PM   #17
Burnadell
Pope & Young
 
Burnadell's Avatar
 
Join Date: Oct 2006
Location: White Oak
Hunt In: Bee County
Default

I hope you can get it worked out, but it will probably be only if that landowner is reasonable and allows you access.

This is why it is importantly to involve an attorney to represent you on real estate purchases. A competant attorney should have noticed on the survey and documents (you did get a survey, didnít you?) that there was no recorded easement or legal access.

The way these threads usually go, if you were the other property owner, and somebody wanted access through your property, everybody on here usually would say to tell that guy wanting access to go pound sound.

Good luck. I would approach the land owner with your hat in hand.
Burnadell is offline   Reply With Quote Back To The Top
Old 01-23-2020, 07:06 PM   #18
Huntindad
Pope & Young
 
Huntindad's Avatar
 
Join Date: Oct 2006
Location: Leander / Liberty Hill
Hunt In: Kerr county & TP&W
Default

If you have an easement, it should be in the closing papers. If not, sounds like you may need to clear a road to the back on your property.
Huntindad is online now   Reply With Quote Back To The Top
Old 01-23-2020, 08:21 PM   #19
meltingfeather
Ten Point
 
meltingfeather's Avatar
 
Join Date: Oct 2012
Location: austin
Hunt In: Gillespie, San Saba & Kerr primarily
Default

If the preceding page is the rest of that form (attached for reference), properly filled out and executed, it includes not only rights of access on the easement itself but also "the reasonable right of ingress and egress over and across lands owned by Grantor which are contiguous to the easement."

It goes on:
"the reasonable right from time to time to remove any and all paving, undergrowth and other obstructions that may injure Grantee’s facilities and appurtenances or interfere with the construction, maintenance, inspection, operation, protection, repair, alteration, testing, replacement, upgrading, paralleling, relocation (as above limited), substitution or removal thereof"

Consult an attorney to understand what rights you may have.

A friendly understanding is the best and may be your only option.
Attached Images
File Type: pdf RUS-TX 442-9.pdf (1.07 MB, 48 views)

Last edited by meltingfeather; 01-23-2020 at 08:35 PM.
meltingfeather is offline   Reply With Quote Back To The Top
Old 01-23-2020, 08:27 PM   #20
meltingfeather
Ten Point
 
meltingfeather's Avatar
 
Join Date: Oct 2012
Location: austin
Hunt In: Gillespie, San Saba & Kerr primarily
Default

Note that the easement may have been granted to a water utility, in which case the rights are theirs, and that it is contingent on a water line being there.
meltingfeather is offline   Reply With Quote Back To The Top
Old 01-23-2020, 08:31 PM   #21
buxNdux
Eight Point
 
buxNdux's Avatar
 
Join Date: Oct 2011
Location: Lubbock
Hunt In: Lubbock, Mason, Goldthwaite
Default

Quote:
Originally Posted by meltingfeather View Post
Note that the easement may have been granted to a water utility, in which case the rights are theirs, and that it is contingent on a water line being there.
Yup, given to the rural water company
buxNdux is offline   Reply With Quote Back To The Top
Old 01-23-2020, 08:32 PM   #22
Stan R
Pope & Young
 
Stan R's Avatar
 
Join Date: Apr 2008
Location: Madisonville
Hunt In: Madison and Colorado County
Default

Quote:
Originally Posted by wytex View Post
Is the easement recorded on your deed? If so sent him a copy then he will have to grant access.
I would show him first then call the sheriff, he will explain your legal access.

Nope Sheriff can't do anything it is considered civil.

We would advice going to the Justice of the Peace.

We see it all the time.
Stan R is offline   Reply With Quote Back To The Top
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 01:48 PM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2020, vBulletin Solutions Inc.
Copyright 1999-2012, TexasBowhunter.com