My question involves an easement in the state of: Texas
I purchased an easement from the owners of land that ran along my land boarder. The purpose was for access to city water that was available on the other side of their property. Upon purchasing, signing and notarizing the easement (all parties) I began the process of clearing the land for burying the water line (all done with the servient estate's permission). The owner of the servient estate then sold the property WITHOUT DISCLOSING THE EASEMENT TO THE NEW PURCHASER (allegedly... ). In specific the new owner is saying that the T-47 affidavit provided during the sale of the land did NOT include any disclosure about the easement.
I actually met the new owner face to face on the property after he had completed the purchase. I was out working on completing the water line install and he comes up and asks what I'm doing on his property
I politely informed him that "I'm they guy with the utility easement" and I'd be completed with my work soon. He asked for my "proof" of easement. I happened to have the easement on Dropbox... so I emailed it to him from my phone while speaking with him. After that the conversation was cordial, he came out and looked at our work, chatted a bit, and wished us luck with the project. Later that day we even had some friendly emails back and forth about the work being done. He wrote in an email that it was ok if I didn't remove my tractor blade over night from his property. EVERYTHING SEEMED GOOD!
THEN, after we finished ALL the work. About a week later we get a certified letter from his attorney stating that because the original owner didn't disclose the easement on the T-47, he considers the easement to be void and we are to remove any improvements and return the estate to how it was before we began work! But also not to go on the land, because that would be trespassing. (Not sure how I do both
As a matter of pure coincidence, I happened to FILE the signed and notarized easement documents with the county ON THE SAME DAY THAT THE LAND WAS CLOSED ON BY THE NEW OWNER!!! A FEW HOURS AFTER CLOSING! This is an important fact largely because the new owner thinks it's "fishy" and therefore is ticked off because he thinks the previous owner and I colluded to deceive him about the easement. We did not. Pure coincidence. In fact, I had no intention of placing the easement on record with the county until the city refused to grant the water meter UNTIL I filed the record with the county.
The way I look at it. I have a legal easement. The previous owner may have broken the law by not disclosing, but what does that have anything to do with ME?
Can I just ignore the letter? I may need to go do something on my water line (specifically, I'll need to turn the meter on once we finish our home build)... should I worry just because his attorney sent me a letter?
BTW, he's going after damages from the people who sold him the land. Which is what I really think this is all about. I think he HAS to tell me that he believes the easement is void so as not to "imply" an easement exists by letting me use it unabated.
Any thoughts? Can my easement be put into jeopardy given the above circumstances?