Legal Question in Real Estate Law in Texas

Landowner versus Easement rights

I am a land/homeowner of 13 acres in Texas. There is a legal, recorded easement on this property to a neighboring landowner. We do NOT get along. What are my rights to my real property versus his rights to the easement to his easement rights to his property? Such as, can I restrict times when he may access his property? Can I restrict speeds at which he may drive to his property? Can I restrict the mode of transportation by which he may access his property?

I have livestock which I feed at specific times of the day. The easement person also has livestock which must be fed and watered on a daily basis. I have tried to avoid any contact or disturbances during the feeding times, since my dogs accompany me to do the daily chores. However, the easement person's irregular schedule makes it impossible to avoid any and all contact. I fear for the safety of my dogs and unpleasant confrontations with this person.

Please advise me as what measures I may legally take to secure the safety of my property and my animals.


Asked on 11/16/07, 8:08 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Landowner versus Easement rights

I am afraid that you can't take "precautionary measures" but you can call the police if there are threats or if harm comes to you or the dogs. The neighbor's easement rights are spelled out in the document that grants the easement. You cannot arbitrarily restrict any use that was previously granted.

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Answered on 11/17/07, 6:28 pm


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