Excess Area - Not Easement and Not Access

[katana]

Hello
There is a 35' Excess Area at the back of my property. I pay property tax on this land since this 35' is on my land survey. The Excess Area runs for a mile in both directions and other land owners have fenced it in or built on their part of it. I fenced in my part of the Excess Area with the exception of a 3' allowance for my gas line (for the meter reader). The back neighbors keep nailing things on my fence and hanging their wet rugs etc. on it. Are they trespassing. What is an Excess Area and can I have this dedication removed? What are my rights? Thank you.

 

[army judge]

You can complain, but when you do, your fence might get torn down or damaged.

If this is an easement, check your deed to see what rights are granted to you and others. If the easement is being violated, there are ways to revoke it. That, however, is expensive and elongated.

Sometimes it is better to see and not see.


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[katana]

Not An Easement

Hi and thank you for the advise. It is not an easement (unless excess areas are easements) and is indicated on my survey and the neighbors surveys as an Excess Area. I have been reading what I could find but there is Nothing on Excess Areas just Easements, Right of Way and Excess Land sales. We have all been paying taxes on our "Excess Area" for decades. 35' is quite an excess when I am still responsible for it.
I am sure you are right about not saying anything. Let sleeping dogs lie. It has been on the books as Excess Area for over 60 years.
Sincerely.
Katana

 

[army judge]

Hi and thank you for the advise. It is not an easement (unless excess areas are easements) and is indicated on my survey and the neighbors surveys as an Excess Area. I have been reading what I could find but there is Nothing on Excess Areas just Easements, Right of Way and Excess Land sales. We have all been paying taxes on our "Excess Area" for decades. 35' is quite an excess when I am still responsible for it.
I am sure you are right about not saying anything. Let sleeping dogs lie. It has been on the books as Excess Area for over 60 years.
Sincerely.
Katana

Something just struck me, and I did some additional research.
There is no term in the Texas Real Property Law notated as "excess" area.
I think you mean an "access easement".
An "access easement" is a specific form of an easement that allows others to travel across portions of your land to gain access to their property.
Someone owns (perhaps you might) the land over which the "access easement" grants use.
If people fail to adhere to specific terms of the easement, their right to use it could be withdrawn.
I'm not encouraging you to withdraw rights to others, I'm just saying that the owner can withdraw rights if people don't follow the law and use the easement properly.
You can discuss this with a lawyer, usually for free, during the initial consultation.

 

[katana]

Excess Area As Indicated on 2 Land Surveys I Have Had Done.

Hi and thank you for the advice.
It is written on my survey as 35' "EXCESS AREA". It is also written in the Galveston County Appraisal Office as "EXCESS AREA". It is very frustrating since none of the folks on the 35' Excess Area can find out anything about it . No good answers from the Appraisal Office, title company nor from realestate folks. It is also written in the Galveston County Appraisal Office as "EXCESS AREA". When I bought this land I was told the 35' is mine and not for any access reasons but the seller might have lied. I bought the land and was told this is my 35' and that I would pay taxes on it. All others on this strange strip were told the same thing.I can't protect what I can't get an explanation for. It has never been indicated as an ACCESS or use for anyone or anything else. Excess Area and Access Area have two different meanings. I would like to have the EXCESS AREA indication removed from my land plot.