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  1. #1
    Join Date
    Jul 2018
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    15

    Default Using a Right of Way or Easement for Leverage

    My question involves real estate located in the State of: Texas I own a piece of property that a landlocked family needs a quarter of a mile of my property to get to theirs. The road has been there for over 50 years. No one has lived on the property for over 20 years. It is 135 acres. the owner has passed away and 3 heirs own it now. They are planning on selling it. I want to purchase 30 acres of it. They say they want to sell it as a whole. Whom ever wants to buy it will probably need a deeded recorded easement to get a loan. There is no easement of record. If they want a easement can I say no unless you sell me that portion that I want at a fair market value? If they say no how can they get a deeded easement if there has never been one?

  2. #2
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    Oct 2006
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    16,098

    Default Re: Using a Right of Way or Easement for Leverage

    Quote Quoting 727
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    My question involves real estate located in the State of: Texas I own a piece of property that a landlocked family needs a quarter of a mile of my property to get to theirs. The road has been there for over 50 years. No one has lived on the property for over 20 years. It is 135 acres. the owner has passed away and 3 heirs own it now. They are planning on selling it. I want to purchase 30 acres of it. They say they want to sell it as a whole. Whom ever wants to buy it will probably need a deeded recorded easement to get a loan. There is no easement of record. If they want a easement can I say no unless you sell me that portion that I want at a fair market value? If they say no how can they get a deeded easement if there has never been one?
    The road has been there for over 50 years. You cannot know for certain that there is no easement unless you have researched every deed at least back that far, and maybe even further.

  3. #3
    Join Date
    Jul 2018
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    15

    Default Re: Using a Right of Way or Easement for Leverage

    I have and there has never been an easement granted.

  4. #4
    Join Date
    Mar 2013
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    17,790

    Default Re: Using a Right of Way or Easement for Leverage

    You have no leverage. They could be entitled to an easement by necessity and sue you for it. A court will award them the easement and it will be recorded and the buyer will get the loan.

  5. #5
    Join Date
    Jul 2018
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    15

    Default Re: Using a Right of Way or Easement for Leverage

    Quote Quoting adjusterjack
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    You have no leverage. They could be entitled to an easement by necessity and sue you for it. A court will award them the easement and it will be recorded and the buyer will get the loan.
    That may very well be true, but I would think it will actually cost them way more than letting me purchase the land. The larger amount of land normally the lower price per acre it sells for. For example. 130 acres in this area may bring 6 to 7 thousand dollars per acre. 100 acres may bring 7 to 8 thousand per acre. Plus there are way more folks that may swing buying $700,000 worth of land than there are buying close to a million dollars worth. Plus the fact lawyer fees, surveying ect. that goes along with fighting for the deeded easement. Plus none of them actually live in this area. But I guess someday we shall see.

  6. #6
    Join Date
    Mar 2013
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    17,790

    Default Re: Using a Right of Way or Easement for Leverage

    Many who post here make the same mistake assuming that people are reluctant to go to court because of the cost. While that may be true at lower levels, when it comes to a 6 figure or 7 figure deal, they go to court.

    You are welcome to try holding an easement hostage and see how it goes.

  7. #7
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    2,230

    Default Re: Using a Right of Way or Easement for Leverage


  8. #8
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    Nov 2013
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    Default Re: Using a Right of Way or Easement for Leverage

    Quote Quoting adjusterjack
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    You have no leverage. They could be entitled to an easement by necessity and sue you for it. A court will award them the easement and it will be recorded and the buyer will get the loan.
    That is not a given unless both properties were once under common ownership prior to severance, the claimed easement is a necessity and not a convenience, and the necessity existed at the time the two estates were severed.

    Without knowing the history, you can't say that the landlocked owner would prevail in a court.

    Quote Quoting 727
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    . Whom ever wants to buy it will probably need a deeded recorded easement to get a loan. There is no easement of record. If they want a easement can I say no unless you sell me that portion that I want at a fair market value? If they say no how can they get a deeded easement if there has never been one?
    They can go to court. But as I have posted, an easement by necessity has three elements that need to be satisfied to prevail in a court. So the fact that there is no recorded easement isn't what is important at this point. It is the history of the two parcels that matters.

    There is also a possibility that a prescriptive easement may have been established over the years if anyone was using the road to access the landlocked property.

    The person claiming the easement must prove that he or she has used the easement for at least 10 years and the use was: (1) open and notorious; (2) continuous; (3) exclusive; and (4) adverse.

    And lastly, a person can claim a statutory easement from the commissioners court in Texas according to statute Transportation Code Section 251.053 . It provides that “a person who owns real property to which there is no public road or other public means of access may request that an access road be established connecting the person’s real property to county public road system…”

    https://statutes.capitol.texas.gov/D...51.htm#251.053

    In order for this action to be taken, the landlocked owner must file a sworn application with the commissioners court, notice must be given to each property owner who would be affected, and a hearing on the application will be held. If the commissioners court determines the landowner has no access to their land, the court may issue an order creating a public road.

  9. #9
    Join Date
    Jul 2018
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    15

    Default Re: Using a Right of Way or Easement for Leverage

    The property that I now own the road on has changed hands at least 4 times since I have lived here. And through those years the road has meandered around some. It was not straight like
    I have it now.

  10. #10
    Join Date
    Nov 2013
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    6,824

    Default Re: Using a Right of Way or Easement for Leverage

    What does that have to do with the price of eggs?

    Your question was if you can leverage against the fact that there is no recorded easement to buy land. I gave you three scenarios where the landlocked property might be able to get an easement or a public road without your cooperation.

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