Fort Worth, TX asked in Contracts and Real Estate Law for Texas

Q: Row/easement was attained with invalid signature many years ago. Any recourse?

My father was forced by local law to let common carrier place plant/poles with an invalid contract. Any recourse after 30 years.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Setting aside the ROW in Court is not an option if it is your chain of title. However contact a competent Texas attorney that has actually engaged in real property litigation, not a title company. He should be able to advise about physically blocking, and thus terminating, the Easement. It will require a number of years, and possibly a Declaratory Judgment/Quiet Title Action afterwards. You could get sued for an Injunction and damages yourself. This is very serious and potentially difficult. Hopefully your real property is worth the trouble.

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