Ingress/Egress Easement with Unclear Language

[Pye]

We are in Texas and bought a house on three acres a few months back. It is located in what was meant to be a subdivision before the developer was foreclosed on and left the state (this happened before we purchased the our home). Our property is long and rectangular in shape, and on one long side, the rear of several small lots butt up to ours. One of those neighbors was granted an ingress/egress easement by the developer, because at the time, there were restrictions prohibiting RVs from being parked on the street. The easement cuts down the middle of our property and allows for our neighbor to drive out the back of his property rather than through his own yard to the street in front of his house. The subdivision restrictions, including the RV ones, have since been abandoned and are no longer applicable.

The language of the easement is somewhat unclear and we've had some disputes with our neighbor about it. The documentation simply says "from the northwest corner of non-exclusive access easement (public road), along existing dirt road over (our lot) to the northwest corner of (neighbor's lot)", and the only road that is referenced on our survey platt is a gravel one that comes up past our driveway and cuts over almost to our neighbor's backyard. It does not say how wide the road should be.

We recently put in a fence around our property. We included a gate at our neighbor's property line so that he could access the easement. We made sure to ask him where he wanted it so there wouldn't be any misunderstandings. The next day I looked out and saw him on our side of the gate, mowing down the tall grass on our land well outside the road. Apparently he plans on driving outside the dirt road so that he can back his RV in, rather than turn around on his own property.

Is there any way to get this easement removed? He is not landlocked and there is now no reason he couldn't park his RV on the street. The way I see it, it's unnecessary and it devalues our property. What are our rights as far as his access? Can he just come over and mow wherever he pleases? Can he let his guests ride ATVs around on our dirt road? Can we build an internal fence so that he can't leave the dirt road, and if so, how wide must it be since that's not specified?

Thanks so much for your help, and sorry for the lengthy post.

[Mr. Knowitall]

Is there any way to get this easement removed? He is not landlocked and there is now no reason he couldn't park his RV on the street. The way I see it, it's unnecessary and it devalues our property

You haven't described any legal basis to end his easement. One way is to to pay him money to surrender his rights under the easement. (I suggest having a lawyer draw up the documentation.)

What are our rights as far as his access? Can he just come over and mow wherever he pleases? Can he let his guests ride ATVs around on our dirt road? Can we build an internal fence so that he can't leave the dirt road, and if so, how wide must it be since that's not specified?

He has whatever rights are described in the easement, and the width of the easement must be consistent with the described use and, in all likelihood, past practice. Outside of that scope, he doesn't have rights to use your land and you can tell him to stop.