Legal Question in Real Estate Law in Texas

Land Locked

Some land joining my ranch is owned by a person who bought it recently. The tract is land locked and I made an offer to buy it.

My offer was not accepted as the owner felt my offer was too low.

Can this present owner obtain a right of way to his property from any of the adjoining 4 property owners by court action? None of the adjoining owners wish to sell an easement.


Asked on 2/10/07, 2:16 pm

2 Answers from Attorneys

Johm Smith tom's

Re: Land Locked

In Texas, last I checked, a landowner that sells off land and leaves themself landlocked can not force an adjacent owner to grant an easement. I'm thinking the same answer applies to someone that bought a landlocked tract; the courts will assume they knew what they were buying. I can research this for your location if you wish.

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Answered on 2/10/07, 6:02 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Land Locked

It depends on the specific facts. It is possible that they may obtain a perscriptive easement or an easement by necessity by court order.

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Answered on 2/10/07, 7:12 pm


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