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  1. #1
    Join Date
    Oct 2010
    Posts
    1

    Default Liability of Servient Estate for Injuries Occurring on a Prescriptive Easement

    My question involves real estate located in the State of: Texas

    I have a gravel road on the south end of my property that is used by the public. There is a sharp curve in the road just as you enter on to my property boundaries. It never fails, at least once a year a teenager will make that turn to fast and run into my pipe fence. Last year three kids hit the fence. This is agricultural land by the way. Last year I had a kid put his car through the fence 6' or so, it is amazing that no one was hurt badly, but the car was totalled. Who is liable, in such an event, if someone had be bodily hurt, Me the property owner or the town who is trying prescriptive easement on my property. Who is liable injuries or accidents on a public road on private property.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Liability of Servient Estate for Injuries Occurring on a Prescriptive Easement

    Realistically, this is something that depends upon the use of the easement / road, its design and layout, the nature of the structures you've added and how they relate to safety. I suggest discussing the issue with your insurance agent and making sure that you're covered against any claims.

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