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  1. #11
    Join Date
    Oct 2007

    Default Re: Neighbor Disputes Our Easement

    I don't see the connection of how your expenditure of $150,000 in an easement case relates directly or even indirectly to the OP's post.

    The fact that you got twined for that kind of legal expense and you haven't won yet would indicate that you are in a far different situation.

    I think that my original advice is still valid and should be given a chance.

    No, easements don't suck. You wouldn't have access, electricity, gas, sewers without them. You need to do due diligence and discover them in advance.

  2. #12
    Join Date
    Sep 2010

    Default Re: Neighbor Disputes Our Easement

    I believe that the op said she had been threatened with a lawsuit. I'm sure most situations are different. You can be sued by anyone for anything it doesn't have to be correct but they can drag you into a courthouse and force you to spend money to defend yourself if it gets kicked out the first minute or goes on for years. I'm not disagreeing with your advice and the op should find an attorney that can read the entire easement to see what their rights are but it can cost you to defend those rights if you have an unreasonable party on the other side. I also never said I hadn't won. The other party has a time to cure and now its just waiting for them to do that or I start collections.

    In Texas you will not have coverage for the easement it will be a exception on your title policy. Texas is a promulgated state so if they sue you and you have to fight for enforcement of the easement then the title company is not going to get in the middle of it and defend you...they will only step in and pay if the courts decide that the easement is not valid or not in place. Its very A-Typical in Texas to have an attorney at the closing of your house so I'm assuming that any attorney that looked over things worked for the title company.

    My expenditure is probably on the extreme end but if the op is faced with paying an attorney to fight something, with the risk that the other side will not incur any expenses, or paying $5000 to buy the land and be done with the neighbor then they are going to spend a hell of a lot less buying the land and the ROI doesn't matter at that point.

    While easements are a necessity for people to get to landlocked property I would imagine that if you were given a choice of 2 properties that are the same one with an easement and one without the vast majority of people would chose the one without. The one thing that people forget when they enter into them is that the person they give it to might not be the person they deal with either 1 month or 10 years later.

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