San Antonio, TX asked in Real Estate Law for Texas

Q: I have a deed to my property and a small city says it is theirs for a proposed road. Has been blocked off for 20 years

Who has burdon of proof me or the city

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: The plaintiff in any lawsuit will have the burden of proof. So it depends on whether you or the City is the plaintiff in any subsequent litigation.

Rights of way for existing or proposed roads may or may not be indicated on a deed itself. A typical Warranty Deed explicitly says: "SUBJECT TO: easements, restrictions, reservations, and other agreements and matters of record, if any." Easements for rights of way usually are indicated on the map or plat of a subdivision or other development.

1 user found this answer helpful

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.