Legal Question in Real Estate Law in Texas

Private driveway easment/right of way

My property survey includes the private driveway for which another family lives approx. 300 yards past my house. What rights do these folks have to this drive? What is their responsibility to maintain any or part of the drive? It is currently graveled, and located in the country. The drive is straight and connects three tracts of land, the first approx 6.75 acres, the second (mine) 11.25 acres, and the third 2 acres. Driveway is approx 1/4 to 1/3 of a mile long. I appreciate any assistance you may share with me.


Asked on 1/24/09, 4:48 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Private driveway easment/right of way

It sounds to me that the users would have a joint responsibility to maintain. However, without a written agreement (preferably recorded in the real estate records), the responsibility would be voluntary.

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Answered on 1/25/09, 2:06 pm


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