Legal Question in Real Estate Law in Texas

Property Access Easement

In Dec. of 1997 we purchased the back 10 acres of a man's 25 acre lot. He lives on the front 15 acres. We have a 20 foot wide access easement that runs along the property line of his 15 acres. He has his property fenced in to contain his ten horses. Prior to the purchase we discussed with him how he would give us access and we let it be known that we did not want to enter a gate at his property and go through another when leaving his property nor would we want our visitors to have to. He agreed that would not be feasible and said that he would put cattle gaurds at both ends of his land or move the fence over to the outside of the easement and also run a fence to seperate the poperties. However this was ony a verbal agreement(big mistake!). Now that the deal is closed he refuses to do any of this and says that it is our respon.to do whatever is neccessary to contain his horses to use the easement. His horses roam on our land so we are in the process of putting up the fence. So with all prior agreements out the window, is it our respon.to provide whatever it takes to contain his livestock in order to gain access?


Asked on 4/10/98, 12:49 am

1 Answer from Attorneys
Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

livestock in easement

I understand that you only have an ingress and egress easement to the property and not the right to exclude livestock form the access to your propery. If so, you would not have the right to fence the easement to contain his livestock. You state that his livestock run onto your property. Do you mean the property you purchased or the easement? If it is the easement, too bad. When you purchased the property, did you have anything in the contract about cattle guards?

For the fencing of livestock, see chapters 142 and 143 of the livestock code:http://www.capitol.state.tx.us/statutes/agtoc.html

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Answered on 5/13/98, 3:36 pm


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