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  1. #1
    Join Date
    Jul 2008
    Location
    Spring, TX
    Posts
    2

    Default Who Can Enter Private Property Without Authorization?

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


    The water authority has approached us for an easement to bury pipe through our pasture and for a two year construction easement. We found an error in the survey that was attached to their proposal and are currently waiting for the corrected survey so we can negotiate an agreement.

    I received a letter from the law firm that represents our local water district. The letter advises the water authority or its agents can enter our property to test the dirt and perform archeology tests without our authorization and without an easement or right of way contract. The letter, though dated July 3, 2008, was delivered to me yesterday morning, July 8, 2008. The letter states their agents will be entering our property on July 14, 2008. The title is in my parents name, who are out of state on vacation until 7/22/08.

    I contacted the letter's author to advise we would not be able to to grant or reject entry until after 7/22/08. This is when he told me he didn't care because he does not need anyone's permission to enter our property.

    Can someone please advise if a water district can enter private property without permission or without a signed easement agreement?

    If there is no easement or right of way how will the Archeology Company choose were to dig?

    It appears to me that the cart is coming before the horse, but I'd like to know my rights before responding a second time to the water authority's law firm.

    Thank you in advance for any help or advice!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,341

    Default Re: Who Can Enter Private Property Without Authorization?

    They may have a "police power" right to enter to make preliminary assessments necessary to protect the public from drainage problems, flooding, or other water-related issues. Realistically speaking, they are likely to try to steamroll you unless you get a lawyer and actively seek to enforce your legal rights.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Who Can Enter Private Property Without Authorization?

    Quote Quoting karmar21
    View Post
    .

    Can someone please advise if a water district can enter private property without permission or without a signed easement agreement?

    Legally, it may be along the line of an "administrative search"? Also Code enforcement officers, as another example, have a right to enter a business to enforce the codes, electrical, proper food temperature coolers etc., etc., without a warrant.

    The entry upon your property, even without your permission is MOST probably legal.



    http://biotech.law.lsu.edu/cases/searches/burger.htm

  4. #4
    Join Date
    Jul 2008
    Location
    Spring, TX
    Posts
    2

    Default Re: Who Can Enter Private Property Without Authorization?

    Thanks again to you both!

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