Legal Question in Real Estate Law in Texas
Can Landlocked Land Be Sold In Texas or Access Denied?
We are in the process of purchasing property that is situated as the northern half of a parcel
which 2 brothers bought long ago. The southern parcel is on the main county road. Only a few days from closing, we have been informed that the property we are going to pruchase is landlocked although there is a 20 ft wide road which leads directly to the property. This road has been marked as a county road for years & shown on maps as a county road until just a week ago when a private road sign was put in place of the county road sign. The owner of the property which the road came out of said he will deny access to the property we are purchasing because the sellers are selling to persons outside their family. He has always granted a verbal easement, so he says. The county commissioner claims no recordings of this being a county road can be found, although he admits to the county having maintained the road for years. Can access be denied to this property?
1 Answer from Attorneys
Re: Can Landlocked Land Be Sold In Texas or Access Denied?
It sounds as though access has already been denied.
It will take action by the County to declare the road public, and if they won't do it someone else will have to.
If the road has been used by the public for 10 or more years it may be eligible for designation as a public thoroughfare; it may also be found to be prescriptively used by the North owners to the extent that an easement was established.
The bad news that you will probably have to take the matter to court; the good news is that the law does not favor land-locked situations.
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