Easement Question

[alracd]

What is the name of your state?What is the name of your state? Texas

We own a parcel of land with neighbors on either side. The neighbor (#1) on one side who's in the logging business contracted to cut the timber for the neighbor (#2) on the other side of us. Instead of using the easement that goes down the side of our property and his (30 feet on our side and 30 feet on neighbor #1's side) and comes out at the back of neighbor #2's property, neighbor #1 (the logger) chose to access #2's property by taking a dozer and logging equipment across the front of our property directly in front of our house, mowing down everything in his path - flowerbeds, lawn and mature oak and pine trees - not to mention totally destroying the front of our driveway. Neighbor #1 (the logger) seems to think there's an easement along the front of our property but the only easement we're aware of is along the side. Our metes and bounds do not mention any front easement although the side easement is clearly spelled out. It's possible there's an easement along the front but we haven't had a chance to research it yet because of the holidays and everything being closed.

We know neighbor #1 had no right to come across our property if there is no easement there. My question is, even if we do find an easement of some kind allowing neighbor #2 to access his property across the front of ours, does that give neighbor #1 (the logger) the right to come across our property with a dozer and heavy logging equipment, without our knowledge and no notification whatsoever (our home there is a second home so we were not there when this happened), destroying everything in his path?

 

[seniorjudge]

What is the name of your state?What is the name of your state? Texas

We own a parcel of land with neighbors on either side. The neighbor (#1) on one side who's in the logging business contracted to cut the timber for the neighbor (#2) on the other side of us. Instead of using the easement that goes down the side of our property and his (30 feet on our side and 30 feet on neighbor #1's side) and comes out at the back of neighbor #2's property, neighbor #1 (the logger) chose to access #2's property by taking a dozer and logging equipment across the front of our property directly in front of our house, mowing down everything in his path - flowerbeds, lawn and mature oak and pine trees - not to mention totally destroying the front of our driveway. Neighbor #1 (the logger) seems to think there's an easement along the front of our property but the only easement we're aware of is along the side. Our metes and bounds do not mention any front easement although the side easement is clearly spelled out. It's possible there's an easement along the front but we haven't had a chance to research it yet because of the holidays and everything being closed.

We know neighbor #1 had no right to come across our property if there is no easement there. My question is, even if we do find an easement of some kind allowing neighbor #2 to access his property across the front of ours, does that give neighbor #1 (the logger) the right to come across our property with a dozer and heavy logging equipment, without our knowledge and no notification whatsoever (our home there is a second home so we were not there when this happened), destroying everything in his path?

Q: My question is, even if we do find an easement of some kind allowing neighbor #2 to access his property across the front of ours, does that give neighbor #1 (the logger) the right to come across our property with a dozer and heavy logging equipment, without our knowledge and no notification whatsoever (our home there is a second home so we were not there when this happened), destroying everything in his path?

A: No.

 

[lwpat]

Take pictures of any damage and get two estimates to repair. Send them to the logger with a request for payment and a written notice CRRR not to use the front again. If he doesn't pay, file in small claims. If he continues to use, file a criminal trespass action and civil trespass action.

 

[alracd]

Q: My question is, even if we do find an easement of some kind allowing neighbor #2 to access his property across the front of ours, does that give neighbor #1 (the logger) the right to come across our property with a dozer and heavy logging equipment, without our knowledge and no notification whatsoever (our home there is a second home so we were not there when this happened), destroying everything in his path?

A: No.

We've now found out more information concerning the front easement. There is an easement across the very front of the property that both neighbor #1 and #2 would be entitled to use. The person who sold us our parcel of land also sold the land to #1 and #2 and the legal language in all three of the original deeds reads: "Grantors grant, sell and convey unto Grantee, his heirs and assigns, the free and uninterrupted use, liberty and freedom of passing in and along the following described passageway" and then describes a "20 foot passageway, road and easement" across the front of our property.

We've never restricted either of these neighbors from coming across our property and realize that they have the right to pass across our property to get to theirs. Neighbor #2 does not live on his property - uses it for timberland and hunting. Neighbor #1 (the logger) does have a house and lives on his property - however, there is a county road that provides him access to his land where he has no need to cross ours.

So, even if neighbor #1 (the logger) has the right to use an easement across the front of our property, does the legal language in the deed give him the right to bulldoze the easement without our knowledge, taking into consideration that he had other easements/roads that he could have used to access both his own property and the property of neighbor #2 where he was doing the logging? By the way, he bulldozed a 30 foot swath, not just the 20 foot swath that was described in the deed.

Another question, if we were to bring a suit for legal damages against neighbor #1, do we need to use a lawyer in the county where the property is located or can we use a lawyer who lives nearer to our main residence (we are a couple of counties away)?

Third question: Should we have the local police come out to the property to document the damage that has been done (there was also other damage done further back on our land where they plowed through our timberland with their equipment in spots where there was absolutely no easement) so that there is a report on record?

Thanks for any advice that you can offer.

 

[seniorjudge]

Choose your own lawyer.

The cops will not be interested in this civil suit.