Legal Question in Real Estate Law in Texas

My question is when you own property (acerage) but it is tied in with a home loan as collateral, Can you legally allow another person the right of way to drive thru your property to get to another destination on their property which is connected to yours but belongs to them. As in my son has property that requires for me to sign an easement for him to drive thru my property to get to his. My home is not in foreclosure status and we are under chapter 13 at this time. Our mortgage company told us once that even though our land is collateral that it is still our land and they have no say about the easement isue. Now they are trying to say that I cant sign for an easement for my son. Something about they want to be compensated. Anyhow, legally the land is mine, the only claim they have to it is as collateral for the house. Pls advise what I should do, they are holding up my sons loan approval. Thanks. Vickie Solito


Asked on 11/19/09, 11:05 pm

1 Answer from Attorneys
Zac Copp The Copp Law Firm, PC

The answer will likely be found in the wording deed of trust (the document that gives the bank a lien on the property). It may very well say that any encumbrances (including easements) require lender approval.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. For legal advice, you should retain legal counsel regarding your specific circumstances.

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Answered on 11/25/09, 9:40 am


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