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  1. #1
    Join Date
    Jun 2011
    Posts
    8

    Default Easement Issues. Location, Gravel, and Posisble Private Road Coversion

    My question involves an easement in the state of: Texas

    My wife received a 5 ac. parcel of land (and 3 other family members also recieved adjacent 5 ac parcels) that was landlocked after the passing of her grandfather. We intend to build on this land and a 30 foot easement was filed along with the deed. The first problem is, the easement was placed ontop of property that a pipeline company already had a easement on it and said we are not allowed to have our easement on it (which has already been filed.) We've talked to the surveyor to have it moved beside the pipeline easement but are unsure how to get this refiled. A third problem is that the land owners on which the easement was (and will be) placed on say we can't gravel the easement (even though the property is difficult for my 4x4 f250 to drive at times). Last, is there a way to get this easement converted to a private road due to multiple land owners using it for access? THANK YOU so much in advance!

    1. Can our easement be located ontop of the pipeline's easement?

    2. What do we need to do to have the ammended survey applied to the deed?

    3. Can we put gravel down on the easement in order to access our property?

    4. Is there a way to have the easement converted to a private road by the county due to multiple land owners needing access?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,584

    Default Re: Easement Issues. Location, Gravel, and Posisble Private Road Coversion

    I'll take a try at some of this.

    1. Can our easement be located ontop of the pipeline's easement?
    That is probably up to the pipeline company. I'm unclear as to whether you have contacted them or not. Federal regs keep pipelines deep enough to be safe from agricultural operations so a truck or car would not pose a danger. But they have wide authority to do pretty much whatever they want to protect their easement. Sometimes they may be more open to granting a permit for a drive, and allowing them to use the drive for inspections or whatever. But a permit is a license and can go away at some time in the future.

    2. What do we need to do to have the ammended survey applied to the deed?
    Since the easement has already been filed, you will need to surrender the easement and be granted a new easement by the property owners.

    3. Can we put gravel down on the easement in order to access our property?
    Unless prohibited by the grant, it is generally true that an easement can be graveled, but not paved without express permission. The right to do the minimum of grading to make the easement passable, and to provide for drainage, is generally accepted. But I am not in Texas so your situation should be analyzed by a local attorney for advice.

    4. Is there a way to have the easement converted to a private road by the county due to multiple land owners needing access?
    The county would have no interest in doing that. They are not in the business of creating and maintaining private roads. This sort of approach needs to be started at the time of the original subdivision of the parcels with a dedication as a public street or roadway.

  3. #3
    Join Date
    Jun 2011
    Posts
    8

    Default Re: Easement Issues. Location, Gravel, and Posisble Private Road Coversion

    The easement was previously placed ontop of the pipelines easement.. so that was incorrectly filed to begin with.. and the county will make a private road as they don't actually do the work.. its up to the land owners.. the county just declares it... Thank you for the reply

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