Legal Question in Real Estate Law in Texas

Injunction vs. property owner's rights?

I use a 60' wide easement to access my home. Six years ago I 'won' a Permanent Injunction against the land owner who locked me out of my proerty.

The major point in the injunction was that the land owner 'can not obstruct the easement 'IN ANY WAY'.

this is residential property, land owner has 8 ac.

Five months ago the land owner put in two cattle guards across the driveway/easement to contain and pasture a horse that can roam onto the easement. The easement is not fenced off from the rest of the property.

This horse is an obsticle to traffic even though it is a mobile one. It stands in the driveway and refuses to move, it's presence at my gate blocks me from entering and exiting my property, it has charged my gate in an attempt to trespass onto my property when I come home, and it charges my vehicles when I drive up the easement.

*This is rural Texas but an old unregistered subdivision.

It is obvious to users of the easement that a horse standing in the drivway is obstructing their passage. But am I correct in assuming this animal is also an obsticle as covered by the Injunction? The Injunction did not address animals, only trash, cars, gates, fences...

Thanks


Asked on 6/22/07, 9:07 am

1 Answer from Attorneys
Johm Smith tom's

Re: Injunction vs. property owner's rights?

Because the horse can be moved, I don't think a court would agree that it is an obstruction. But I do think you would be within your rights to drive around the horse if the owner has not trained it to get out of the way of cars.

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Answered on 6/22/07, 9:40 am


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