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.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

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.

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