Legal Question in Real Estate Law in Texas

Property dispute

My granparents currently own a few undeveloped lots in an isolated area of South Texas (specifically Fowlerton, TX - LaSalle County). One of their lots is surrounded by another property and therefore they have to pass along a private road and fence to access their property, which they have done for years without conflict. However, recently an investor has come to the area and purchased several tracts of land in the area including the land surrounding my grandparents property. Upon purchasing the land, he has changed the lock to the fence and threatened to file trespassing charges if the lock is cut. Furthermore, he offered them a low ball price to purchase their land. He has also done this with several other individuals in the area, and is clearly a strategy to obtain more property below the market value. Is there any legal actions that can be taken in this situation? Any info would be greatly appreciated.


Asked on 2/08/07, 10:24 am

2 Answers from Attorneys
Johm Smith tom's

Re: Property dispute

Unlike in some states, Texas law will not help a landowner that unwisely sells off the land surrounding his property, thereby leaving his property land locked. But if your grandparents did not sell off land resuling in landlocking their current property or they bought their current property with some sort of access rights, then the other guy may be violating their rights. It will depend on how long they have been using the past across the neighboring land. You need an attorney to go over your property rights and very soon because delaying in this situation not only inconveniences you but it can also result in the loss of your rights.

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Answered on 2/08/07, 10:42 am
Cheryl Rivera Smith The Smith Law Firm

Re: Property dispute

You should consult an attorney, because you may have an easement by necessity or a perscriptive easement across the road. If so, you may be able to obtain a restraining order for immediate access and a declaratory judgment as to your easement rights.

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Answered on 2/08/07, 7:26 pm


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