Legal Question in Real Estate Law in Texas
Driveway Despute
if we have been using a drive for as long as we lived on our land can neighbors legaly block if off when its state right of way
Asked on 9/25/01, 11:08 am
1 Answer from Attorneys
Paul Velte IV
Paul C. Velte IV, Attorney at Law
Re: Driveway Dispute
It all depends. If it was state ROW, then no, they can't just block it off. So I assume you're wrong about that. How long have you been using it as a means of ingress/egress? What did your deed say? What did prior deeds say? Was your parcel separated from the parcel that has the driveway on it? Is your parcel "land locked?" (i.e., no access to a public road). If you and/or others have been using it for years, then you may be able to force them to remove the obstruction--but you'll have to go to court to do it if you can't convince them to do so voluntarily.
Answered on 11/07/01, 7:05 pm