Squatter's Rights?

Question

We live in Texas. There is an easement on the side of our house that was originally meant to have a road. This was over 20 years ago. We purchased the house with a fence significantly over the easement about 10 years ago. Do we own this land now or is it the city's. A tree fell down and they want us to split the cost of the removal. The land is quite valuable and we would prefer to keep the land and pay for the tree.

Answer 1

the property is yours already subject to the easement

i know this is hard to understand

it belongs to you, up until the point where the city decides it wants to use the land in accordance with whatever the easement says

im not a texas lawyer, but more or less, easements are never prescribed (meaning a statute of limitations has run).

the land is already yours, the city just holds certain rights to it, if they should ever choose to use them is another matter

"squatters rights" are almost never held up in a court of law and it would take extraordinary circumstances to find a court willing to enforce such a right

moreover, you do not have an issue of "squatter's rights" in the first place, you have an easement

if you want to get the easement removed, i suggest you contact a local councilman, representative or whatever, find out of the city ever is going to build the road, and see what can be done to get rid of it

Answer 2

Contact your town officials and offer to assume the entire cost of the tree removal for the return of the easment. Jason B's answer is correct. The easement will not be extinguished by the fence.

Answer 3

Then, do so!