Do Old Easements Still Apply

[webusby]

I purchased Texas property with several old easements recorded on the warranty deed that go back as far as 1931. Do all these old easements still apply? Also, none of these easements have any particular location noted on the warranty deed and in fact there happens to be an existing easement road located exactly where I want to build my house. If I am obligated by law to provide an easement through my land can I dictate where it will be? Do I have to keep the current road open and maintained or can I decide to provide easement at another location on my place? Thank you in advance for your answers!


EB

[Mr. Knowitall]

Take the title work to a real estate lawyer, have your lawyer review the title work, and then your lawyer can advise you about the easements. We can't read the title history so we have no way of knowing what it says, let alone what does or does not remain in effect.

If you are obligated by deed or by prescriptive easement to maintain a road in a particular location, and the owner(s) of the dominant estate(s) don't want the road moved, you may not be able to move it. But that's something else you need to discuss with your lawyer based upon the title work and the full facts.