Fort Worth, TX asked in Real Estate Law for Texas

Q: Many years ago an easement was obtained illegally. The signature/grantor was invalid.

A sibling of the executrix in a sale of unimproved acreage to my father sought out common carriers and sold easements/row days prior to the sale. Have I any recourse as the resale value of the land is adversely affected.

Local law enforcement aided contractors to gain access and begin construction as it was refused due to invalid contract. Thanks

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: It's impossible to answer this question without reviewing all of the documents and circumstances. Even if the easement was initially an invalid conveyance, the company holding the easement may, after all these years, be able to establish the easement by adverse possession. Take all the relevant documents to an attorney in your area for review.

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