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  1. #1
    Join Date
    Jul 2018
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    23

    Default Who is Responsible for Maintaining an Easement

    My question involves real estate located in the State of: Texas I have about a mile of road through my property through which 3 different owners access their property. There is no actual easement in writing and I am not trying to not give them access to their properties. The owners do not live on the properties. This is rural Texas and it is mostly used for hunting and recreation. This is just a gravel and dirt road. I have maintained it for over 20 years without any physical or monetary help from any of them. I am now getting up in age and am tired of fixing it every time it floods. The families of the properties seem to think since I own the road it is my responsibility to maintain it. I sent them a letter that from now on if they want the road fixed they can do it themselves or hire someone to fix it. Is this OK?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Maintaining an Easement

    Quote Quoting 727
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    My question involves real estate located in the State of: Texas I have about a mile of road through my property through which 3 different owners access their property. There is no actual easement in writing and I am not trying to not give them access to their properties. The owners do not live on the properties. This is rural Texas and it is mostly used for hunting and recreation. This is just a gravel and dirt road. I have maintained it for over 20 years without any physical or monetary help from any of them. I am now getting up in age and am tired of fixing it every time it floods. The families of the properties seem to think since I own the road it is my responsibility to maintain it. I sent them a letter that from now on if they want the road fixed they can do it themselves or hire someone to fix it. Is this OK?
    Do you use the road as well? If you do not need the road I do not see why you should have to maintain it for the benefit of other parties. If it was an easement it would be up to those using it to maintain it in nearly all circumstances.

  3. #3
    Join Date
    Jul 2018
    Posts
    23

    Default Re: Maintaining an Easement

    Yes I use it but just to access the interior of my property. Checking cows or doing work on the property. And I do not really care how crappy the road gets as I have 4WD vehicles.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Maintaining an Easement

    Quote Quoting 727
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    Yes I use it but just to access the interior of my property. Checking cows or doing work on the property. And I do not really care how crappy the road gets as I have 4WD vehicles.
    If you use it as well then all of you should probably share in the maintenance. However, if you do not care that it is in bad shape have at it.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Maintaining an Easement

    The use of the road without a granted easement, opens the prospect of an easement by prescription. Texas has a Statute of limitation of 5, 10, and 25 years depending on the circumstances. An easement by prescription is when the user of your land does so for the SOL period in an open and adverse condition to your ownership.

    So depending on how long these neighbors have been using your land (without you intervening to stop them) , they may have claim to continue using the road. But this is something that a court would have to decide.

    The facts matter.

    As for the maintenance for the road, without an easement grant or a maintenance agreement, you don't have to do squat to maintain the road.

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