Legal Question in Real Estate Law in Texas
Land Easement
Century 21 came to my house and said they had a buyer for the property next to me 33 acres. They are going to build 140 houses on it and they have no access off of the highway except building a road and using our dirt road as an easement the easement already on my property is not very big. The road he wants to use is a single car dirt road we had gravel put on for my family to get to their houses ( my brother, dad and aunts). They said if we did not want to give them right away or sale it to them they would take us to court. Do they have rights to our road for the subdivision they are planning on building or can I stand my ground about not letting them use my dirt road.
2 Answers from Attorneys
Re: Land Easement
Hello, You need to retain an attorney to contact the realtor. What County is your property located in?
Give me a call if you want to discuss,
Russell K. Marne
Re: Land Easement
Without knowing much more detail about the land and its history it is impossible to offer an opinion on whether or not the purchasers of the 140 acres would be successful against you in court. It is also not possible to offer an opinion on the rights of the other owner to use your road. However, for background information, I have provided information on a variety of ways in which easements may be created.
A Prescription Easement may arise if there has been a continuous, exclusive, open, and repetitive use of the road, without your permission, for a number of years.
An Easement by Estoppel may arise if you have given the previous owner some reason to believe he owns an easement on the road and he relied upon that representation.
Easement by Necessity may be the foundation of the proposed purchaser's argument. An Easement by Necessity arises with landlocked parcels of land that have absolutely no access to public roads.
Again, without knowing additional facts it is impossible to offer an opinion on whether any of these apply to your situation. I recommend you immediately locate an attorney to discuss this situation with.
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