Irving, TX asked in Real Estate Law for Texas

Q: Land easement dispute. Am I crazy?

i have land with a 50 foot easement listed in the deed. 25 foot of which is my actual property and 25 foot is my neighbors. The neighbor has put a gate up across "his half" of the easement. He told me directly that that 25 foot of the easement is no longer an easement as he owns two separate parcels of land although both parcels are on the same side and not on both sides of the easement. I dont see how this could be accurate as every deed of my neighbors including the one disputing the easement is listed in their deeds. I think he is bullying and just doesn't want anyone on his property. The original deed easement from 1982 even states there is to be uninterrupted access on this easement. He told me and one of my other neighbors that his side is a private road and he is going to sue me for trespassing etc. I told him the entire 50 foot is an easement which i have even had surveyed and we shook hands and agreed to disagree. I am waiting to be served so this can be ordered be a judge.

Related Topics:
1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: Time is on his side, so he will never file the Trespass Charge, civilly or criminally. You need to hire a competent attorney to search the titles, generate witnesses, and file suit to declare your easement rights. Otherwise the easement will be effectively terminated.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.