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Accessing a Landlocked Parcel

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  • 10-11-2008, 02:14 PM
    tinatinatina
    Accessing a Landlocked Parcel
    My question involves real estate located in the State of: Texas
    My question involves real estate/ land located in the State of: Texas We are in the process of leasing 1000 acres to drill for oil and gas. The land owners grandfather sold the adjoining land "around" his 1000 acres in 1940's. There is NO easement of record. There was once a county road in between the two properties for years but the new adjoining property owner convinced his friend, a past County Commissioner, into closing the county road and making it a public road.
    Our land owner (who we are attempting to lease from) has been driving down this road in order to access his property and home since the sale. It appears that the "grandfather" had a handshake agreement (when it was a county road) that it was not necessary for an easement because a county road was in between the two properties.
    The issue is that because the county, granted the adjoining landowner a private road, he now declares that starting at the beginning of the year he will no longer grant access to the property. This will cause our land owner a loss of revenue from not being able to lease his surface for gracing rights as well as lease his minerals for oil and gas drilling and oil and gas revenue.
  • 10-11-2008, 02:16 PM
    seniorjudge
    Re: Landlock- Easement- Oil and Gas Issues, Need
    Quote:

    Quoting tinatinatina
    View Post
    My question involves real estate located in the State of: Texas
    My question involves real estate/ land located in the State of: Texas We are in the process of leasing 1000 acres to drill for oil and gas. The land owners grandfather sold the adjoining land "around" his 1000 acres in 1940's. There is NO easement of record. There was once a county road in between the two properties for years but the new adjoining property owner convinced his friend, a past County Commissioner, into closing the county road and making it a public road.
    Our land owner (who we are attempting to lease from) has been driving down this road in order to access his property and home since the sale. It appears that the "grandfather" had a handshake agreement (when it was a county road) that it was not necessary for an easement because a county road was in between the two properties.
    The issue is that because the county, granted the adjoining landowner a private road, he now declares that starting at the beginning of the year he will no longer grant access to the property. This will cause our land owner a loss of revenue from not being able to lease his surface for gracing rights as well as lease his minerals for oil and gas drilling and oil and gas revenue.

    Did you have a question?
  • 10-11-2008, 02:31 PM
    Mr. Knowitall
    Re: Accessing a Landlocked Parcel
    Quote:

    Quoting tinatinatina
    View Post
    There was once a county road in between the two properties for years but the new adjoining property owner convinced his friend, a past County Commissioner, into closing the county road and making it a public road.

    You mean, a private road? Did they follow proper procedures to abandon the road? Why wouldn't the owner of the "landlocked" parcel benefit from an easement over the abandoned roadway?
    Quote:

    Quoting tinatinatina
    It appears that the "grandfather" had a handshake agreement (when it was a county road) that it was not necessary for an easement because a county road was in between the two properties.

    It makes sense that there isn't a need for an easement when there is county road access.
    Quote:

    Quoting tinatinatina
    The issue is that because the county, granted the adjoining landowner a private road, he now declares that starting at the beginning of the year he will no longer grant access to the property. This will cause our land owner a loss of revenue from not being able to lease his surface for gracing rights as well as lease his minerals for oil and gas drilling and oil and gas revenue.

    So he needs to take this issue to a real estate lawyer, and evaluate what rights (if any) he has over the (apparently) vacated county road.
  • 10-11-2008, 03:09 PM
    tinatinatina
    Re: Landlock- Easement- Oil and Gas Issues, Need
    Quote:

    Quoting seniorjudge
    View Post
    Did you have a question?

    Sorry, I thought someone would understand my issue. The problem is, there is no easement of record and the land owner said he will not let anyone use "his road" (the county road turned private road) How can this be resolved. At this time we are not able to drill on the other tract of land without going down the road which is owned by the adjoining land owner. Take a square and put a road down the middle.... two tracts, two land owners and the one on the right "owns the road" (which was a county road originally) the one on the left want to drive to his house and also wants to drill on his property but cannot after the first of the year.
  • 10-11-2008, 03:14 PM
    tinatinatina
    Re: Accessing a Landlocked Parcel
    Quote:

    Quoting Mr. Knowitall
    View Post
    You mean, a private road? Did they follow proper procedures to abandon the road? Why wouldn't the owner of the "landlocked" parcel benefit from an easement over the abandoned roadway?

    It makes sense that there isn't a need for an easement when there is county road access.

    So he needs to take this issue to a real estate lawyer, and evaluate what rights (if any) he has over the (apparently) vacated county road.

    Yes, I mean private, thanks. The county road is now a private road but both property owners use it to access their land. (take a square and draw a line down the middle, with a road down the middle. One owner on the left and one on the right. the one on the right owns the road, the one on the left has land and a house and wants to drill but has been using this "road" since 1940) Our guy has taken it to an attorney and spent 10,000.00 and nothing has been resolved. I have another attorney I'd like to use but if it's not necessary then we should just drill the well and access the road to get to the property and let the land owner who owns the private road and is the only path for the other land owner.... deal with it..
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