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  1. #1
    Join Date
    Jul 2010
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    4

    Default Perpetual Easement in Texas

    I have a perpetual easment to access water front across the street of my property, the new owners are not allowing me to use the gated access with my vehicle.
    What is my recourse? I have a .tiff file I could email.
    My friend - and the cops - say that I should sue.
    Thanks
    Hlan in Austin

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Perpetual Easment in Texas

    It's going to depend a lot on the actual language of the easement.

    Does it mention ingress-egress?

    Does it have stated dimensions?

    Does it mention a specific purpose?

  3. #3
    Join Date
    Jul 2010
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    4

    Default Re: Perpetual Easment in Texas

    the document states
    "A perpetual easement ofer and across the land in the landname survey no.54 lying adjacent to lont no 7 of the AB subdivision of LT in T county texas according to the map or plad of said subdivision as recorded in VOL# p# of TC records and extending from the front line of said lot #7 to the variable waterline of LT; such easement being given for the purposes of going to and from the said lot7 and the waters of LT, and being the same perpetual easement conveyed to the grantos in a deed dates Dec 18, 1945 from original developer
    Easement is a conenant running with the land and is for the benefit of the following described property, to-wit:, , etc"
    Thank you very much for your help!

    Further it states the volumes and pages of the previous exchanges of owners survey markers,etc. from what I can tell I've got a 77' easement

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Perpetual Easement in Texas

    OK, that's a good start!

    What is incorporated by reference is the plat, which I assume shows the dimensions of 77' and may also contain additional details of the easement.

    It would be good to get a copy of the plat.

    While we are working on that, do the new owners propose to prevent all access, or just vehicular access?

    Has vehicular access been used without restriction in the past?

  5. #5
    Join Date
    Jul 2010
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    4

    Default Re: Perpetual Easement in Texas

    The new owners are "making us" walk down to the waterfront, which means that we can't launch our boat using the ramp through a paved gate like we have been doing since 2003, or driving down to the beach area and setting up a picnic area. We now have to walk down to the water only... They've also put up a privacy fence, Do I read too much in to this that they should not have done that? And since they've put in a massive marina, could I demand a "free" slip?
    I'll get a copy of the plat Tuesday morning.

    You're giving me great information here. I'll transcribe the entire easement as follows:

    Property (including any improvements):

    A perpetual easement over and across the land in the W.J. Jolly Survey No 54 lying adjacent to Lot No. 7 of the Arno Brill Second Subdivision of Lake Tracts in Travis County Texas according to the map or plat of said subdivision as recorded in Volume 737, Page 126 of the Travis County Deed Records and extending from the front line of said Lot No. 7 to the variable waterline of Lake Travis; such easement being given for the purposes of going to and from the said Lot No.7 and the waters of Lake Travis, and being the same perpetual easement conveyed to the grantors in a deed dated December 18, 1945 from A.W. Brill Jr. and wife Kathleen Brill to the herin named Grantors as recorded in Volume 775, Page 546 of the Deed Records of Travis County, Texas

    Easement is a covenant running with the land and is for the benefit of the following described property, to-wit:
    0.217 acers of land, being the West part of Lot 7A as shown on the "Amended Plat of Arno Brill Second Subdivision Lake Tracts,: of record in Plat Book 12, Page 78 of the Plat Records of Travis County, Texas and being a part of Lot No. 7 of the Arno Brill Second Subdivision of Lake Tracts as described above and being a part of the W.J. Jolley Survey No. 54 in Travis County, Texas and being more fully described as follows;
    BEGINNING at an iron stake set in the NW corner of Lot 7A, as shown in the aforesaid Plat Recrds;
    THENCE with the North line of said Lot 7A, South 85degrees 19' East for 105.00 feet to a point;
    THENCE South 07degrees 22' West for 99.87 feet to a point located on the South line of Lot 7A;
    THENCE with the South line of Lot 7A, North 73degrees 15' West for 110.00 feet to an iron stake located in teh Southwest corner of the said Lot 7A;
    Thence with teh West line of Lot 7A and the East line of the Boundary Road, North 10degrees 05' East for 77.11 feet to the PLACE OF BEGINNING, and containing 0.217 acres of land, more or less; and being the same property described in the Deed from Robert Brown Daniel and wife, Frances Carol Daniel, to Howard Conley Wilson and wife, Amy Wilson, dates September 7, 1971 as recorded in Volume 4186, Page 669 of the Deed Records of Travis County, Texas.

    This conveyance is a reaffirmation of the easement granted in Volume 775, Page 546 of the Deed Records of the Travis County, Texas. Said easement is for the benefit of, appurtenant to, and runs with the title of the said Lot No.7 described above. Such easement is subject to the rights of the Lower Colorado River Authority under the easements granted to it by easement deed of A.H. Sylvester and wife, recorded in Volume 606, Page 366 of the Travis County Deed Records, and by A.W. Brill, Jr., recorded in Volume 651, Page 358 of the Travis County Deed Records.

    There's some other language a the bottom, stating that the grantor (previous owner conveys the property without
    warranty etc...)

    THANK you so much!
    Harlan Stanley
    Austin, Texas

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Perpetual Easement in Texas

    Sounds clearly like an appurtenant easement for access from your property to the lake, subject only to the river commission.

    How do you access it by foot? Do you have to climb a fence? Open the gate?

    When you get the plat, it would also be a good idea to save another trip and get a copy of the previous recordation of the easement from volume 775 page 546 in the deed records.

    Does the "privacy fence" you mention cross or obstruct any part of the described area of the easement?

    It sounds as if the new owners may have big plans for your easement. They could be sadly mistaken. Just recently I was involved in a case where a developer had ignored a deeded easement I staked out for a client in 1978. I referred my client to an attorney I could recommend. No lawsuit even needed to be threatened. My client received a certified check for damages in the full amount requested.

    If I were you, I would be checking around Austin for a referral to a good real estate attorney who can write a good letter.

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