Legal Question in Real Estate Law in Texas

Easements and trespassing

The owner of the easement to my property made up a lie and tried to get me arrested for trespassing. Two days later she attempted to get my home builder arrested for the same fantasy of taking pictures of her through her window.

When the cops came out on the complaint about my builder the cops found out that I had an 13 year old established easement across the land owner's property, he told her that 'I can not trepass because I have an easement'.

Is this true? I have a 60-foot wide unfenced easement for ingress and egress.

This seems odd because the cop shut her down even though she claimed that both me and my builder were off of the easement.

If I step off of the easement onto their property, am I trespassing?

They have taken down all no-trespassing signs except for the one on the inside of a stored jeep and one taped on the inside of their side door facing the easement.

Thanks


Asked on 9/07/07, 9:46 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Easements and trespassing

The only way to absolutely answer the question is to look at the title to your easement and have the area surveyed. From that point I could ascertain your rights.

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Answered on 9/07/07, 11:11 am


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