Fencing an Easement

[alracd]

What is the name of your state? Texas

There is a 20 foot wide easement that runs across the front of my property. My aunts put it into effect when they divided the land up so that family on both sides of us could access their property if needed. Can I legally fence my property, including the easement, if I put gates at either end so that the family can come through if needed?
The language in all three original deeds reads: "Grantors grant, sell and convey unto Grantee, her heirs and assigns, the free and uninterrupted use, liberty and easement of passing in and along the following described passageways or roads, together with the right to use such passageways or roads at all times in common with Grantors, their heirs and assigns", then describes the 20 foot wide easement.
Another question: Do I own the underlying land that the easement crosses since it's on my parcel of land? Or do we all own it?

 

[lwpat]

You own the land and they own an easement of use. Get a written agreement to put up the gates.

 

[justalayman]

Get an agreement in writing IF they agree. If they don't agree, no gate.

 

[HomeGuru]

What is the name of your state? Texas

There is a 20 foot wide easement that runs across the front of my property. My aunts put it into effect when they divided the land up so that family on both sides of us could access their property if needed. Can I legally fence my property, including the easement, if I put gates at either end so that the family can come through if needed?
The language in all three original deeds reads: "Grantors grant, sell and convey unto Grantee, her heirs and assigns, the free and uninterrupted use, liberty and easement of passing in and along the following described passageways or roads, together with the right to use such passageways or roads at all times in common with Grantors, their heirs and assigns", then describes the 20 foot wide easement.
Another question: Do I own the underlying land that the easement crosses since it's on my parcel of land? Or do we all own it?

**A: if the easement runs across YOUR land then you own the land. The easement just gives others legal permission to cross over both ways ie. ingress/egress.

 

[alracd]

**A: if the easement runs across YOUR land then you own the land. The easement just gives others legal permission to cross over both ways ie. ingress/egress.

Does this give the family member who has a right to use the easement the right to bulldoze it without our knowledge? A local lawyer informed us that it did but we were surprised at that answer because our land was damaged by the bulldozing - was the local lawyer correct? Can this same family member also give permission to use the easement to another neighbor who we don't want on our land?

 

[HomeGuru]

Does this give the family member who has a right to use the easement the right to bulldoze it without our knowledge? A local lawyer informed us that it did but we were surprised at that answer because our land was damaged by the bulldozing - was the local lawyer correct? Can this same family member also give permission to use the easement to another neighbor who we don't want on our land?

**A: in order to answer that we would have to read the recorded easement agreement in it's entirety. Did the local lawyer do this?

 

[alracd]

**A: in order to answer that we would have to read the recorded easement agreement in it's entirety. Did the local lawyer do this?

The local lawyer read the excerpt from the deed that was in my original post: "Grantors grant, sell and convey unto Grantee, her heirs and assigns, the free and uninterrupted use, liberty and easement of passing in and along the following described passageways or roads, together with the right to use such passageways or roads at all times in common with Grantors, their heirs and assigns". This is the only thing that is said in the deeds concerning the easement, other than the metes and bounds describing where the easement is located. Based on that, he said this particular family member had the right to bulldoze the easement (which involved the destruction of the front of our property) although it would have been nice if he had contacted us before doing it.

The reason this family member bulldozed the easement was because the new neighbor who bought the land in front of us closed down a portion of the county road that crossed a small corner of his property (he didn't want it on his land). This county road accessed the family members property. We understand the neighbor did this illegally and we are addressing that through the county authorities. This new neighbor had previously made comments that he was going to "move" the road and had been told that it was a county road and could not be "moved, touched, or fenced". The family member had also been given this information and told to get in touch with us if the new neighbor tried to shut down the road. In our absence, the neighbor shut down the road and the family member bulldozed the easement across our property, deliberately ignoring our request that he contact us if the neighbor tried to do anything. The neighbor is now driving across our property on this easement - I suppose he's viewing it as the "new" county road even though it's only a 20 foot wide private easement. We don't want him on our land. Do we have the right to bar the neighbor from this private easement (the family member says that he told this neighbor that he could use it).

Sorry this seems so complicated but we are trying to sort it out as best we can and appreciate any help. From what we understand from the county authorities, the original county road will be put back where it was and the new neighbor will be cited for closing it down.

 

[justalayman]

Ok to make it shorter for me

you are #1, the neighbor WITH easement rights is #2, and the other neighbor is #3

First of all you cannot close a county road unless you get their permission. Since you are dealing with that I won't

#1 owns the easement and can use it anytime they wish.

#1 cannot restrict #2's use of the easement

#2 cannot stop or restrict #1 from using the easement

#2 cannot transfer his rights to the easement to anybody including #3 (except as a right with the sale of the property)

If #3 uses the easement without your permission, unless he is actually going to #2 home (this would be as a right of #2 to have visitors) he is trespassing

#2 bulldozing MAY be disputable but will generally be accepted as as grantee is often required to maintain easement and this could be construed as maintainance. This MAY be disputable by you seeing as there is apparently no aggreement about maintainance. If he did any damage to your property outside of the easement, he can be held liable.

If #3 is illegally using your easement, he is trespassing