How long can I claim a planned driveway?

[wooddirk]

What is the name of your state (only U.S. law)? TEXAS
We bought a piece of farmland in 2007.
The Title Company used a survey done in 2001.
On the map it shows that in the corner is a planned driveway.
The driveway is not made yet but appears to be our only access to the road.
This driveway goes thru somebody else’s yard and runs nearly over there house.
To my understanding this house was already there when they did the survey in 2001

My question is: After how many years will I loose to claim and the opportunity to
build that planned driveway needed to get access to my property?
I am thinking of waiting till the house in time maybe goes for sale?

As a extra note the house owner whom is using the land for the planned drive way as there yard... bought there house on illegally subdivided land.

Thanks for your help

 

[FarmerJ]

Did your property get a written & recorded easement that gave its owner the right to use the other partys land to access it? If not & your land has a public road , ( twp road, county road, state highway ) adjacent to it then it might be cheaper to learn what you will have to do to get permit filed to create your own access to the public road instead of the legal bills you could pile up from having to sue the other lot owner for easement access.

 

[wooddirk]

Yes I have a written and recorded easement.
It is not possible for me to make a drive way to the road as in total 4 houses are between my land and the road.
Without using this recorded easement I am locked in.
All those 4 houses are on land illegally subdivided by a previous owner.
I am not a Us citizen and not familiar with your real estate laws and therefor also like to know if its legal in USA to sell a landlocked property?(In case I can NOT claim that driveway and access to the road)

 

[FarmerJ]

Is there any wording in the recorded easement that leads you to think that the right to use it will expire some time in the future ? If you see no such language the simplest thing you can do is use the links above and have a copy of the easement reviewed by a real estate atty just to make sure that there will be no problem.

 

[wooddirk]

Is there any wording in the recorded easement that leads you to think that the right to use it will expire some time in the future ? If you see no such language the simplest thing you can do is use the links above and have a copy of the easement reviewed by a real estate atty just to make sure that there will be no problem.

No there is not any wording for a time frame of experation mentioned in the recorded easement.
It only say's were it is located and the metrics.(size)
The lawyer from the Title Company went over the easement and found them correct.
Why would I need a other real estate atty to do this again?
Also.. as we went to the County Court House ..we were told that.. yes this is were your drive way and access to the road supposed to be.
I still need to know the answer to my 2 questions:

1) how much time do I have till the other party can claim the land for the supposed to be drive way as there own or after how many years can they claim that my easement is expired becouse it has been to long any one made that drive way.

2) Can you sell in USA a locked in property and if NO what to do if they did.

 

[FarmerJ]

Then if your satisfied , the property is not landlocked there should be no problem. If the person who owns the land you have a easment over blocks you /denys you access , you will have to sue. , If you have had someone review the docs there is no point in doing it again. Even if they are using it as yard they cannot block your use without some kind of consequence. SO also if there is no language that says anything about it expiring it wont. you asked about landlocked property being sold , yes it happens, BUT unless someone willingly gives a easement to create access for a parcel that has no access I cant imagine a lender writing any kind of mortgage or construction loan with out access.

 

[wooddirk]

Then if your satisfied , the property is not landlocked there should be no problem. If the person who owns the land you have a easment over blocks you /denys you access , you will have to sue. , If you have had someone review the docs there is no point in doing it again. Even if they are using it as yard they cannot block your use without some kind of consequence. SO also if there is no language that says anything about it expiring it wont. you asked about landlocked property being sold , yes it happens, BUT unless someone willingly gives a easement to create access for a parcel that has no access I cant imagine a lender writing any kind of mortgage or construction loan with out access.

Thank you Farmer for your help and answer.
I appreciate it a lot.For the moment I am not in a real need to have that access and like not to make life difficult for the owner involved but in time I may need that access.

Btw..Bank of America gave me a loan without a problem on that property and the Title Company,there lawyer,Real Estate Agent and me were all looking at the wrong driveway and easement from the start.I believe the seller was the only one knowing the real situation and I am now the second one and any other party involved has NO idea,at least not YET. Again thanks for your help.

 

[154NH773]

You might want to "test the waters" by using the easement and seeing if there is any adverse reaction from the other party, or just discuss the easement with them to judge their feelings about it.
It certainly doesn't sound like you should have a problem, unless your neighbor blocks the easement somehow.
Sooner or later you will have to confront the situation, so why not find out how reasonable they are right now? Sure beats going to court.

 

[wooddirk]

You might want to "test the waters" by using the easement and seeing if there is any adverse reaction from the other party, or just discuss the easement with them to judge their feelings about it.
It certainly doesn't sound like you should have a problem, unless your neighbor blocks the easement somehow.
Sooner or later you will have to confront the situation, so why not find out how reasonable they are right now? Sure beats going to court.

I agree with you but there is way more to the story than mentioned in here,
Sometimes it might be better not to wake up a sleeping dog as I am now able to use a other drive way and noboddy knows that I do not have a ROW for that one.
Also my drive way has to be made first and would cost me probably $ 10,000 or more and I would need to brake down there fence and drive thru there flower and veggie beds and even maybe part of there dwelling.