Legal Question in Civil Litigation in Texas
I granted a 10 year access easement to the seller of my property in Texas. Her property is not landlocked but she did not want to go the the expense of cutting in a new drive. Her guests are not driving on the easement but are actually cutting in a new driveway parallel to the easement in my pasture thus reducing hay production. I have asked several times but guests continue to drive off the easement.
If this problem persists, may I remove the easement as a remedy?
Asked on 8/24/11, 6:42 pm
1 Answer from Attorneys
Mark Dunn
Mark D. Dunn
How difficult would it be to put up barriers that prevent these folks from "cutting in a new driveway?"
Have you tried putting up signs?
The owner of the easement (the grantee) isn't liable for the conduct of others (the trespassers).
Answered on 8/26/11, 6:58 pm