Legal Question in Real Estate Law in Texas

Land access problem

We have recently finished paying for and now own our land. We have a neighbor who rents to two seperate tenants and has been allowing access to their homes through our land. He has been asked many times for the past 15 years as we were still paying for our property to make a new way to access the land and has ignored our pleas. The previous owner is now deceased and had at one time given our neighbor permission to access his land through what is now ours. Our neighbor has road access along his property but refuses to make his own entrance. We have asked him many times and now would like to know exactly how we may be able to take care of this legally before resorting to taking him to court.


Asked on 5/04/08, 6:08 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Land access problem

You need to physically block access, however, since he has been using the drive adversely for 15 years, he could assert that he has a right to the easement under the doctrine of adverse possession which only has a 10 year continuous use time period requirement.

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Answered on 5/05/08, 6:39 pm


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