Legal Question in Real Estate Law in Texas

roads public and private

I own land that back up to a recorded subdivision. One of the lot owners uses my road to get to the county road instead of the deeded subdivision road. He has been doing this in excess of 20 years. I want to stop this. So my question is this even though the lot owner has crossed my property to get to the county road for 20 years he is not landlocked he has deeded access to the county road. Are their any cases where a person in my position blocks this lot owner access to my property given that in doing so he is not damaged in that he still can access the county road,


Asked on 8/16/08, 10:24 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: roads public and private

Sorry to tell you this, but he has acquired an easement under the doctrine of adverse possession due to his use of the road for over 10 years. He will need to get a declaratory judgment from the court to perfect his interest or have you quitclaim the easement to him.

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Answered on 8/17/08, 4:32 pm


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