Legal Question in Real Estate Law in Texas

Easements

We have been purchasing a home on a contract for deed, Ok last year the neighbor was told by an officer to stay off our property (because her kids were throwing bottles and glass and other things on the property, so now they are trying to get an easement right from our note holder to use the property, can he give them permission to trespass, and easement rights?


Asked on 4/16/02, 2:20 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Easements

It depends on what he has contracted to sell to you. If he is selling the property and improvements free of encumbrances, including easements, except for those that existed at the time you entered the contract, he should not be giving easements. He has contracted with you to deliver certain property. If he is taking action now that would make it impossible to perform under the contract for deed when you are entitiled to it (when he has to deed property to you) he is causing a anticipatory breach of contract. The contract may spell out your rights in that event. You could start a lawsuit and attempt to get injuctive relief prohibiting him from conveying an easement, if you believe that is what he is going to do.

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Answered on 4/16/02, 3:48 pm


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