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  1. #1
    Join Date
    May 2008
    Location
    East Texas
    Posts
    1

    Question Fence On Easement By Neighbor

    Hi there! I am in Texas and recently bought a home on a 2.5 acre tract. We had the property surveyed and it showed an access easment in place for the owners of a property behind us. According to the paperwork, the neighbors have a "limited access easement of 20' ". Last week the placed a 5 strand barbed wire fence down the center of the easement completely removing our driveway and access to our home. These neighbors are only in on weekends as the property behind us is their vacation home and they live out of state. When we called the Sheriff's department to find out how to access our home, we were told that we have to go to court but that the docket is 3 months out. Until then, we have to park on the street and walk across the 2 acres to the house. My mother lives with me and is very ill so this is in no way convenient. Yesterday, a local sheriff came out and looked at all the paperwork as well as contacted the neighbor. The neighbor stated that an easement means he has exclusive right to it and then he had a contractor come out to dig out trees that are against our home claiming that the tree roots pose a potential hazard to his fence. The Sheriff is telling us that there is nothing that can be done short of court and as I said, the soonest court date that we can get set it 3 months down the road. Does anyone have any suggestions? I can't keep doing this...

    Thank you in advance.

  2. #2
    Join Date
    May 2008
    Posts
    19

    Default Re: Fence On Easement By Neighbor

    So is their property closest to the street/road? And you have to cross theirs to get to yours? I think you need to be a little more specific. Does your deed state you share an easement with them? How long has it been in place?

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Post Re: Fence On Easement By Neighbor

    I have not read all the wording for the easment & I am not a lawyer but have much experience with Easements based on a lawsuit that I was a part of and extensively researched Texas law on. Because THEY have an easement on your property, does not mean YOU can't use it. Of COURSE you can use the land, because you own the title! They have a right to maintain and use it for a road, only, not for fencing, and they have no right to obstruct your access to your property in any way and I would show the title to the police, if they came by again. There is tons of case law on this, and I would consult several attorneys, for free, to ask them advice, as it appears these neighbors are usurping your rights.

  4. #4
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Fence On Easement By Neighbor

    [QUOTE=rainywolf2006;211326]Hi there! I am in Texas and recently bought a home on a 2.5 acre tract. We had the property surveyed and it showed an access easment in place for the owners of a property behind us. According to the paperwork, the neighbors have a "limited access easement of 20' ". Last week the placed a 5 strand barbed wire fence down the center of the easement completely removing our driveway and access to our home. These neighbors are only in on weekends as the property behind us is their vacation home and they live out of state. When we called the Sheriff's department to find out how to access our home, we were told that we have to go to court but that the docket is 3 months out. Until then, we have to park on the street and walk across the 2 acres to the house. My mother lives with me and is very ill so this is in no way convenient. Yesterday, a local sheriff came out and looked at all the paperwork as well as contacted the neighbor. The neighbor stated that an easement means he has exclusive right to it and then he had a contractor come out to dig out trees that are against our home claiming that the tree roots pose a potential hazard to his fence. The Sheriff is telling us that there is nothing that can be done short of court and as I said, the soonest court date that we can get set it 3 months down the road. Does anyone have any suggestions? I can't keep doing this...

    Thank you in advance. (READ MY recent RESPONSE FROM BUSTER1)

  5. #5

    Default Re: Fence On Easement By Neighbor

    Your post is confusing. could you be more specific about the terms of the easement and how the properties relate to one another and the easement.

    If I understand it correctly the easement is on your property and they must cross your land. If that is the case they cannot put up a fence that prevents you access to your own property. With me it wouldn't last an hour. And the first person that touched one of my trees would find a shotgun barrel in his face.

    If you can't remove it yourself then hire someone and then sue them in small claims for the expense. You can hire an attorney and he can get a temproary restraining order in just a few days.

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