Q: How do roadway easements work in private property...
In the state of texas we have a undivided interest piece of property going to be divided into three different family member sections.. THere is an existing public road adjacent to Family Member A... There is an existing gravel road that goes through Familly Member A, B & C new property.. I am being told you have to have a dedicated easement to b&c members. Also being told you can use the existing gravel road to be the dedicated 40' easement and giving access to each memeber and the road that existing gravel road eventhough now a dedicated 40' easement the land on which the easement resides on still belongs to the property owner but you cannot deny access to the family members.. Which is true seperate dedicated easements to the public road or sharing the existing gravel roadway now dedicated for 40' easement access?
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A: All tenants in common should hire a TX attorney. A survey may be needed, but in any event the joint and permanent use easement must be described, and should have monumented corners. Maintenance responsibility should be stated. All TIC's agree by notarized signatures on the Joint Easement which is perpetual. Then you record the Easement.
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