Legal Question in Real Estate Law in Texas

Easement

Before I bouht this property the previous owner had to give up enough property for half of the easement to get to the property behind me. No one hasever used the easement in the 10 years I've lived here. Now someone has bought the property that owns the property and has 2 other accesses . Is he still intitled to the easement that is on my property. As of now no one still uses the easement.


Asked on 9/07/08, 8:37 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Easement

You can't take back the easement by default and have marketable title, however, you can go to court to get a declaratory judgment to adversely possess the easement. Depending on whether or not there is opposition, a lawsuit of this type can cost from $2,000 on up.

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Answered on 9/08/08, 11:03 am


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