My wife and I purchased property in Texas 4 years ago. The land supposely had an easement (which my surveyor disagrees with to the point of going to court) running from S-N., to service a mobile home park below us. The owner of this park also has land around us that can be used for ingress and egress for her tenants. But no, she wants to take me to court so that she can continue using my property because it is more convenient. Her property could have a road cut and graveled within 2-3 days at most…incidently by her son who is in the business. Here’s what I have done so far, I placed a sign at the entrance of my property to tell her tenants this entrance is going to be closing on 4/5/10. Do I have the right to do this, and can I place a gate there as well.???? Her attorney has already sent me a letter stating that he will take me to court an charge me with everything the law will permit if I do the above. Need an answer soon. Thank you, BG.
What does your title policy say about this easement? What do you mean about the surveyor going to court? If neighbor has the easement, he can use it. Cannot say based on the facts you provide whether there is an easement.
Joseph A. McDermott, III
Attorney at Law
3100 Richmond Avenue, Suite 403
Houston, TX 77098
If the road has been in use for over 10 years, neighbor may have a prescriptive easement. You will need an attorney to examine the facts and to look at your title policy to see if you have a claim.
Cheryl Rivera Smith
The Smith Law Firm
11660 Creek Point Drive
Frisco, TX 75035-8278