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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Can I Deny Access to an Easement to People Not Named in the Deed

    I am a property owner who gave an Access Easement to the original owner at the time of sale. In the Deed of Trust it simply says "access easement" followed by a page and a half of meets and bounds. There are no terms, conditions or instructions concerning who, how or anything else regarding the easement.

    Three to four weeks ago my neighbor invited his daugher over who has been using the easement to walk her four "unleashed" dogs. Since then all members of my family have been subjected to very aggresive behavior from these dogs anytime we use a vehicle (bike, motorcycle, atv, etc).

    I asked the daughter to please leash the dogs, she refuses. I asked the neighbor to deny his daughter access to the easement, he refuses.

    I need to protect my family. Do I have the right to deny access to a person who an easement was never intended for?

    Who has the greater right? The property owner or the person who has the easement? Keep in mind there is nothing in the closing documents that states what can or can not be done.

    Is their a legal definition for an access easement? What exactly can the holder of an easement be allowed to do if the only thing that has been conveyed to the them is the term "access easement" followed by meets and bounds.

    Thanks for any help with this.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: Can I Deny Access to an Easement to People Not Named in the Deed

    Generally, an access easement is for that purpose only.

    Exercising, partying, parking, etc. are not provided for.

    But as you skipped the state question, we really don't know much more.

    If I were dealing with unleashed threatening dogs, I would tell the owner of the dogs to remove them permanently, or I would do so, with no further notice.

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Can I Deny Access to an Easement to People Not Named in the Deed

    Sorry about the lack of info. Texas is the state. As for dealing with the dogs I'm confident that they are only responding to their "chase" instinct but there are no guarantees. I actually blame the owner much more so then the dogs. If the owner would act responsibly, the dogs would be a none issue.

    Thanks for the help.

  4. #4
    Join Date
    Jan 2006
    Posts
    28,097

    Default Re: Can I Deny Access to an Easement to People Not Named in the Deed

    the problem isn't so much her use of the easement (which you would be hard pressed to force her to stop using it as it is for access to the dominant tenants guest to their house) but if the dogs are being handled in a legal manner. This has nothing to do with the easement.

    If the dogs must be leashed or restrained and they aren't, call animal control or the police.

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