Legal Question in Real Estate Law in Texas

I own property that a local water supply claims to have an easement on dating back prior to my purchase of said property (supposedly the easement was drawn up in 1989 and I purchased said property in 2003), but they can't seem to produce said easement nor can any record of the easement be found with the county clerks office. Would any easement they claim to have be legal now?


Asked on 7/08/10, 8:20 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

It is possible they have a prescriptive easement or an easement by necessity, neither of which needs to be recorded. You may want to have a real estate attorney review the facts.

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Answered on 7/10/10, 7:07 pm


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