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Access roads

Discussion in 'Easements & Right of Way Law' started by Johnbalam, Oct 19, 2020.

  1. Johnbalam

    Johnbalam Law Topic Starter New Member

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    Jurisdiction:
    Texas
    I have a lot in Fort Bend County with clear access roads. I got title insurance for this lot. Seven years ago a company bought some of those roads including the ones that front my lot. The subdivision has been platted for over 100 years. The engineering department at Fort bend does not give me permit to put any improvement on it saying I do not have access to this land and it is now landlocked.
    Please advise.
     
    Last edited: Oct 19, 2020
  2. adjusterjack

    adjusterjack Super Moderator

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    You can google real estate attorneys for your city or click on "lawyers" at the top of the page.
     
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  3. army judge

    army judge Super Moderator

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    You need PROFESSIONAL advice from a real estate attorney in your county, or anywhere you choose in the Republic of Texas.

    Free advice, solicited from internet sites will be of no value to you if you need resolution to
    a complex legal matter.
     
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  4. welkin

    welkin Active Member

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    You really haven't given enough information for any reasonable response about easement law. But I will tell you this much; if your property was not landlocked from the inception of the original subdivision, it's not landlocked now even if some developer bought up the private roads that gave you access. There are several doctrines that would support that. One is that easements that are appetent to the land don't just disappear. They run with the land and anyone that buys land that already has an encumbrance attached to it (your access roads) has to abide by them.

    You should be consulting with an attorney that practices in land use and easement law. An attorney could communicate with the county to find out what they base their ruling on and set them straight on the law perhaps without the need for a quiet title law suit.
     
    Last edited: Oct 19, 2020
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  5. mightymoose

    mightymoose Moderator

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    I agree with the above, but consider that easements also include access for gas,electric, sewage etc. It isn't all about the road.
     
  6. Johnbalam

    Johnbalam Law Topic Starter New Member

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    Really appreciate you took the time to answer me. I have problem finding attorneys that want to handle this. Is access such a complicated issue? I just need an attorney to talk to the county and tell them that I have access to the land.
     
  7. Johnbalam

    Johnbalam Law Topic Starter New Member

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    I understand that completely. The utility company needs to dig under the private road to bring service to the land and I would need permission from the owner of the road. I am only asking them to give me a permit to put improvement on the land. I can provide service by other means.
     
  8. army judge

    army judge Super Moderator

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    Do you possess a copy of your deed?

    If you do, read it.

    If you don't, get a copy of the deed.

    Once you've reviewed your deed, you'll know EXACTLY where you stand.

    Your deed MIGHT spell out precisely the easements you already possess.

    If the deed is unclear, or says NOTHING about your easements that is when you make an appointment to discuss what you don't understand with a couple real estate attorneys.

    Most attorneys offer an initial consultation at no charge or future obligation.

    Happy hunting.
     
  9. flyingron

    flyingron Well-Known Member

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    Actually, reviewing his deed probably won't tell him anything he didn't know before. I've rarely seen easements and other encumbrances mentioned on most deeds other than the standard "subject to existing" boilerplate.

    What he needs to do is have a proper title search, which apparently because he has title insurance, he has. He should start with that company if he believes that there should have been an existing easement.

    Unfortunately, he likely has a bigger issue not only with the company that owns the property over which he thinks he has an easement, but also with the county planning/zoning/building people who believe he can't by right build on that lot. This is going to likely take a real estate attorney.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    Really? There is a abundance of real estate attorneys serving your area:

    Top Real Estate Lawyers in Fort Bend County, TX | FindLaw

    How many have you talked to? What did they say? Did they turn you down or did they tell you how much it would cost to litigate the problem and you balked?

    Talking isn't likely to cut it. You are likely to end up in court over this.
     

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