Legal Question in Real Estate Law in Texas
I bought a house in 2006 and at the last moment during signing I was told that there was a minor encroachment issue with my neighbors. It was just a small triangle strip of land appox 237 sq ft. Part of my neighbors car port encroached on this strip about a foot or so. It was no big deal to me and did not want to spend the time and money on fixing the issue legally or forcing them to purchase the land.
Since then the house has been sold and the new neighbors were not told either until later about the encroachment. They are very nice people and initially offered to purchase the land but have found out that the cost to do so far exceeds what the land is worth. So through legal council they have written up an "Encroachment Easement Agreement" see below. A similar agreement was drawn up from both of the previous land owners in the 90's.
What is your opinion on this option and will this protect me for any other sales in the future?
Encroachment Easement Agreement
The State of Texas
County of Burnet
The owners (-) of Lot 276 located at 106 Loma Vista Drive and the owner (-) of Lot 275 located at 102 Loma Vista Drive in the Silver Creek Village subdivision on Lake Buchanan, Burnet, TX 78611 mutually agree to file on record in Burnet County the following Encroachment Easement Agreement:
The survey (by Cuplin Associates, April 2, 2014) for the properties of the owners of 106 Loma Vista Drive, Burnet, TX 78611 shows a minor encroachment by a corner of the carport at 106 Loma Vista Dr. Lot 276 into the property of David Yancey, owner of lot 275.
We have reviewed the survey and the past agreement (POA minutes of Feb. 4, 1991) by the previous owners (Swopes and Eveleths) to allow the encroachment (agreement was prior to construction in 1992 of the carport that encroaches) and we agree to continue to allow this encroachment with the following understanding: the agreement does not affect the title to properties involved. In this permissive easement agreement, ownership of properties stays the same as for boundaries currently drawn, with the allowance of the minor encroachment by a corner of the carport structure on lot 276 into lot 275. If the carport is taken down, this easement agreement no longer applies. Note further that both parties agree that the retaining wall on the west side of Lot 275 is owned by the property owner of Lot 275 because it is located entirely within the boundary lines of Lot 275.
Also, my neighbors have been there for a little over a year and offered to pay me $100 in compensation for this time. Which brings up a question, do I have the right to demand any sort of monthly or annual payment to use the land such a Land Lease?
Thank you.
1 Answer from Attorneys
You are not getting full use of your land. They are getting all of theirs and then some. Yes the title company should have caught it when they bought it. They may be able to file a claim on the title insurance that they bought. Now the question is do you charge for the easement, you could. How much? That is your decision. It's your land.
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