New to this Forum and a New Land Owner

[LPSZ]

What is the name of your state (only U.S. law)? Texas

Hello,

I have searched the internet multiple times over the past several weeks trying to find the answer to my question and have not really found the exact scenario that I have a question about.

We just bought 8.5 acres in Brazoria Co., TX. The property has a 60' x 60' access easement (we own the property that the easement is on) on the SW corner for a 2 acre lot immediately to the W of our property. Without this easement the 2 acre lot would be landlocked. Simply, my question is what can I do in the way of fencing part of the easement? The 2 acre owner has a road in that takes up only about 20' x 30' of the easement. I am wanting to put up a fence and an angled gate (diagonal from the NW corner to near the SE corner of the easement) that would be well past where his road is but it would cross over part of the access easement. I am not hell-bent to do this but it would make access to my property more convenient in the area that we plan to run our 400' road in.

Are these easement for access only (for both owners) and no fences, trees, gates, piles of rocks, etc. should be put in unless both owners agree? Do I have to get permission from the 2 acre owner to encroach into the easement as long as I give him plenty of clearance on both sides of his driveway? I don't want to be the new jerk neighbor so I have every intention of discussing this with the other owner but kind of wanted to know where I stand before approaching him.

Thanks for any info or similar stories.

 

[154NH773]

You can do nothing within the easement that interferes with any rights that he has been granted. If he has 60'x60', then you may not block any part of that without his permission, regardless of whether he currently uses all, or none, of the granted property.

 

[justalayman]

and a word of caution; permission today can be revoked tomorrow so do not make installations based on such a temporary permission. Things change.


Either look into reducing the size of the easement or simply make your plans such that they avoid the easement entirely.

 

[LPSZ]

Thank you all for the information.

Looking at the "Grant of Easement" it says, "...the free and uninterrupted use, liberty, privilege, easement and road right-of-way for the purpose of ingress and egress and maintaining road easement in common with grantor, his heirs and assigns, and any and all other use which may be necessary or desireable in the maintenance of a road easement access, in, and upon the following described Property:"

But still, as mentioned, it may be better to just stay away from the easement and figure something else out.

 

[latigo]

What is the name of your state (only U.S. law)? Texas

Hello,

I have searched the internet multiple times over the past several weeks trying to find the answer to my question and have not really found the exact scenario that I have a question about.

We just bought 8.5 acres in Brazoria Co., TX. The property has a 60' x 60' access easement (we own the property that the easement is on) on the SW corner for a 2 acre lot immediately to the W of our property. Without this easement the 2 acre lot would be landlocked. Simply, my question is what can I do in the way of fencing part of the easement? The 2 acre owner has a road in that takes up only about 20' x 30' of the easement. I am wanting to put up a fence and an angled gate (diagonal from the NW corner to near the SE corner of the easement) that would be well past where his road is but it would cross over part of the access easement. I am not hell-bent to do this but it would make access to my property more convenient in the area that we plan to run our 400' road in.

Are these easement for access only (for both owners) and no fences, trees, gates, piles of rocks, etc. should be put in unless both owners agree? Do I have to get permission from the 2 acre owner to encroach into the easement as long as I give him plenty of clearance on both sides of his driveway? I don't want to be the new jerk neighbor so I have every intention of discussing this with the other owner but kind of wanted to know where I stand before approaching him.

Thanks for any info or similar stories.

Maybe you "searched"under the wrong "scenario". Try again with:

"How can the owner of the servient estate go about arbitrarily reducing a grant of right-of-way to a fraction of its deeded measurements (1/6th) without being a "new jerk neighbor"?

 

[LPSZ]

Jerk is as Jerk Does...

Maybe you "searched"under the wrong "scenario". Try again with:

"How can the owner of the servient estate go about arbitrarily reducing a grant of right-of-way to a fraction of its deeded measurements (1/6th) without being a "new jerk neighbor"?

Or...how about "How to pretend you are funny and witty on the internet when in reality YOU are a jerk"! I asked a simple question and got some great answers above. WTH does your response add to this forum other than to show your ass...or to show that you ARE an ass.