Legal Question in Real Estate Law in Texas

In 1990 we bought a piece of property on a cul de sac. The man behind us back in 1986 bought land that was land locked. It has been proven that the 30 feet on the cul de sac is ours, but the man is gotten an attorney and is fighting us for this strip of land. I was told by his attorney that they are not disputing the land is ours but they are fighting out of necessity for the land. I do not know what to do as we have all the legal papers stating this is ours but they are going to take us to court to take it from us. We do not have the money to fight him in court and we are not sure what else we can do to keep them from taking the land from us.


Asked on 11/06/09, 10:20 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

If through your property is the only way to access their property, it is possible they may obtain an easement by necessity. If they can afford to pay a lawyer to take you to court to get it, they can afford to purchase the easement from you. I would work it out with them and get some money for the easement. After an agreement is reached, it won't cost much to have an attorney to prepare the document that grants the easement.

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Answered on 11/11/09, 6:20 pm


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