Can anyone help me with a question about my rights and responsiblities about giving an easment in Texas?

Question

I bought 5 acres in Texas and it includes an easment that I must give some neighbors to get to their property. It has a gravel road and takes quite a bit of room from my place. The road often gets rutted and the neighbors drive further and further onto my place. My question is what rights and responsibities do I have as the actual landowner and payer of property taxes for this place? Do I have to let them do anything they want? Can anyone drive on it with any vehicle? Am I responsible for accidents? How can I protect my rights? They often do work on the road messing up the drainage and doing a horrible job and have threatened to sue me if I say anything. I think they should ask before just doing work on what I own! I can't find any clear information. Help!

Thank you! These are all great answers and about what seemed common sense to me. Some of the people at the end of the street own 18 wheelers and go up and down the road many times a day. Others live before my property, but bring under age friends over to drive on my part. Others use ATVs and play (because the sheriff won't do anything on a private road). Any ideas about getting something in writing after this easment has been in effect for 10 years? These people are so dumb they think when they were given an easement, they were given the land and some think they don't know the property lines. I had a survey done and I own it. Its so clear to those of us with half a brain. Thanks again. I will see a real estate lawyer soon.

That came out wrong--I have more than half a brain! I have a least 3/4 of one--LOL, thanks

Answer 1

An easement means you have to give them permission to use that land. Of course you don't have to give them permission to misuse that land. If they are rude to your land then you can hold them liable for that in court.

For example if you put up a fence at the edge of the road then they are responsible for paying for any damage done to that fence. You can also hold them responsible for normal maintenance due to normal wear and tear and use of the road. You can't charge them to use it, but you can charge them to maintain it.

As an owner the land is yours and you have the right to use it as you wish. The required permission you gave to those people to use the land doesn't mean that they can abuse it, and if they do then you can sue.

As to what vehicles they can use, they are limited to what is normal for the property. So if they own 4 wheel trucks with mud spinning tires then they can drive on it with them. But, if they wanted a pool installed and had dump trucks drive into to the property then you would have to let them, but they would be responsible for the repair of the road.

It all comes down to a civil law suit. The case is too complex for anything else. If you do anything to block their access to the easement then you are criminally liable for that, but anything else has to be negotiated. You will have to have all parties see a lawyer and draw up a contract to the use of that land. You can’t stop them from using it, but they can’t stop you from using it either. The details like road maintenance, what vehicles can be used, and even how fast they can go are all negotiated in the contract. If they are driving too fast and putting ruts into the road and generally messing it up then you need to post a speed limit and sue them when they exceed it. A simple radar gun and cameras will be enough evidence.

It all depends on how much trouble you want this mess to be. If you get real picky, and they do to then it can turn into a nightmare. You would do best with a simple contract that addresses what is important, but determining that is the job for a lawyer. The only legal recourse you have is to either sell the land, file a law suit, or try to settle it yourselves.

The key phrase will be "normal use," anything outside of normal use is not allowed without your permission and without compensating you in some way for the losses that this kind of use would give you.

Answer 2

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Answer 3

If they have absolutely no other access to get to their own property, they have a right to this road. If there are other ways for them to get to their own property, they need to make them a road and use it. You do have rights and I can see many of your rights are being violated, a threat is a threat and a criminal offense. You need to get in touch with a real estate attorney, go in and talk with him. Meanwhile, see if there is any other possible way for them to make their own entrance to their property, take a lot of pictures of everything before going to attorney.. You have rights, and the people can be made to abide by the law.

Answer 4

Easements can be "exclusive" or "nonexclusive" and rights and responsibilities will vary. Some of this depends on the wording of the easement. Take the easement document to a Texas lawyer and have them review it with you.