Legal Question in Insurance Law in Texas

Do I have to give passage across my property

I own 3 acres on Lake Houston,there is 1.75 acres next to my property that is completly block of by my property and the lake in other word who ever needs to go to this land has to cross my or go by boat do I have to let them cross my land or as long as they can get there by warer is that good enough. I am not being a butt I just take good care of my land and don't want tire tracks across it. what if Iput up no tresspass signs. Thank very much for your answer

Ronald E.Case


Asked on 2/21/98, 8:09 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Easement? What easement?

The short answer is you do not have to allow anyone to cross your land unless they have a legal right -- called an EASEMENT -- to do so. Whether there is an easement depends on the history of prior common ownership of your and your neighbor's property -- what happened when your tract was first conveyed separately from the neighbor tract. One easy way to determine the facts is to examine your title insurance, if you got it at the time you -- or your parent, if you inherited the land -- bought the property. If there was any easement in favor of the adjacent land, it should show up on the title policy. Failing that, an examination of the prior deeeds would be required. A title examination will cost you about $200.00. Once you have that, a lawyer can advise you of your rights.

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Answered on 2/23/98, 8:40 pm


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