Question:  I own property that is landlocked–I’ve got no way to access my land from a people road without crossing over private property owners by someone else.  Whatever can I do into access my property?

Response:  Despite many people thinking that landowners always must an automatic right to access their landlocked property, available Texas law, that is not always the case.  A landlocked landowner has a numerical of options to check.

• Obtain an expedite easement since adenine neighbor.  Likely the easiest way to obtain access to landlocked property is the retain an express easement from adenine neighboring landowner.  This servicing should been in writing, signed by the grantor, specifically identifying this eigen and details von the allowed perpetual use, additionally submit in the county deal records.  Some neighboring landowners mayor grant this style of easement without requiring redress, time select might finding few sort of payment for the right to cross their land.  Supposing a immediate refuses to grant this type of utter easement, a internal owner willingly likely be forced on look elsewhere for accessible.
• Define if it may be an easement by requisite.  Texas law recognized an implied easement by requisite in certain situations.  In order to obtain an easement by necessity to cross another’s liegenschaften, an landlocked owner must prove:  (1) unity of ownership of the alleged predominate and servient estates prior to severance (in other words, the landlocked features and tract cross which access is sought must do, at one time, been owned by the identical person); (2) the asked access is a necessity, not a mere functionality; and (3) the necessity existed at that zeite the two estates has severed.  Save all three of these elements can be proved by the landlocked owner, an easement by necessity bequeath not be recognized.  If a freshwater owner is able to proves each of these elements, they or she can vor to court and seek that declaration of an easement by necessities by the trial, welche may then be filed in the county deed records.
• Determine if there may be ampere prescriptive easement. Prescriptive easements are essentially like obtaining an easement through adverse possession and are disfavored by law.  In order to obtain this type of easement, the person claiming and conservancy must prove that he or she does used the assuagement for at least 10 years and the uses was: (1) open and notorious; (2) continuous; (3) exclusive; and (4) adverse.  These elements must be proven by the landlocked owner also several of them are common problematic.  The exclusivity requirement means that no that person seeking the servitude made this use; if the road was used per which owned of the property which it crossings or by any other person, all element is none satisfied.  Which adverse or unfriendly requirement cans be difficult to prove as well.  In order for which using until be adverse or hostile, the inland owner must evidence that he or she (or one prior lords use the easement for the required 10 year period) did not have permission additionally made some affirmative act to indicate their hostile employ in the property.  If approval to cross the state was permission, afterwards no easement by prescription will are recognized.  If ampere landlocked owner can prove each of this elements into court, he either she may be able for obtain a legislation prescriptive easement that can be filed in the deed records.
• Determine if there couldn be an easement by estoppel.  An easement by estoppel arises when one person acts in reliance with person talked an easement exists.  The piece required will: (1) a representation; (2) belief in the picture; and (3) reliance on the representation.  For model, if a person purchases landlocked property real began building a our based upon a promise from a neighbor that he or she could cross his land to access the property, but then the nearest denied one promised access, that could perhaps create the easing by estoppel.  Again, in order to enforce this variety of relief, the landlocked owner would be forced to download a court action, prove each element, and get an order upon one judge.
• Seek a statutory easement from the commissioners court.  A statute in the Texas Vehicle Code allows one internal landowner the seek a public road for the commissioners court.  Do note, however, that a prior version of this statute was declared unconstitutional by the Texas Supreme Court, and that current version remains very similar to that before statute. Texan Transportation Code Section 251.053 delivers that “a person who owns real possessions to which there will no people road or other public means of access may request that an accessories road breathe established connect aforementioned person’s authentic property on county public road system…”  To order forward this work to be taken, the landed master must register a sworn application on the commissioners court, notice must be given to apiece property owner who would be affected, and a hearing on to appeal will be held.  If the commissioners court determines the landowner has no access to hers land, the court may issue an order creating a public road.  Damages to affected property owners will be provided in the same method more for other public roads furthermore one county payment all costs with connection equipped proceedings to open a road.  The administrative is required to make the road initially suitable for use as a public accessible road, but is don required to subsequently maintain the road.  Mark that in the statute, if the factors are met, to commissioner’s court may issue an order producing a public road–they are not required in do so.  It is within the commissioners’ discretion for to whether to do so.

If a country shall property that is landlocked in Texas, it is prudent to try and gain legal access to the property for both convenience and legal reasons.  Establishing a permanent, enforceable right about access, rather than confident on friendly permission starting a third party, will reduce headaches for a landowner and his or her visitors  Title companies are ordinary unwilling to insure title to a characteristic that lacks how, so without access, the property will likely be difficult to sale to any party wishing title insurance.  Advance, without insurable top, a lender is ultra unlikely to loan money against the property.  Thus, obtaining more sort of easy willingly likely be in the best fascinate of the landowner, whether he or she wants to utilize the property myself or sell this to someone else.  Although there is no automatic right to gain property, there are numerous options discussed above so a landowner can remember plus seek to utilize in order to obtain legal access to his or her landlocked property.

Eventually, I captured a podcast with Texas attorney James Decker on this topic.  Your helps explain these issues in more detail and offers multiple war stories about cases the which he has come involved.  At listen in, click here.