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I purchased some acreage and neighbor claiming the access road is his

Discussion in 'Adverse Possession' started by Texas6023, May 28, 2016.

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  1. Texas6023

    Texas6023 Law Topic Starter Member

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    Jurisdiction:
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    I purchased acres and a home but the problem is with the acreage.

    The pervious owner used to access the acreage through a pathway by his home. But there is a designated piece of land about 30 feet wide that is attached to the acreage but just is grass but was shored up with a small slope and used as a drainage ditch. The neighbor confronted me when he seen surveyor had put stakes to mark the access road. But the neighbor didn't welcome me to the area. He confronted me to say the surveyor had put stakes on his part of the property because he has always mowed that access road so half of it was his. If that was the case why wasn't I aware before I bought the acreage? And I can't access acreage through my house like the previous owner because he was running over the septic lines and I refuse to do that. So what do I need to prove the neighbor is wrong? And how do I get him to quit mowing it if he trying to claim it?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Perhaps because somebody didn't do proper diligence in checking for easements and access.

    Lawyer.
     
  3. Texas6023

    Texas6023 Law Topic Starter Member

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    It went through a title company. Isn't that where they check easements? I've even called the title company and told them about neighbor and they said they don't show any easements that were documented. Soooo. Does that mean they don't exist? Does that mean I just get screwed? What does that mean?
     
  4. adjusterjack

    adjusterjack Super Moderator

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    That's possible.

    If I were in your position I would do my own title search of my and my neighbor's deeds and any other recorded documents going back as far as possible.

    If there is no documentation of any easement you might have a valid claim for an implied easement by way of necessity.

    The following article explains the Texas Supreme Court's 2014 decision clarifying the elements of such an easement:

    Implied Easements – Prior Use or Necessity: This Texas Supreme Court Case Shouldn’t be Overlooked.

    If you cannot reach some sort of an agreement with the neighbor, you will end up in court over this, which is why I suggested a lawyer.

    You might be able to nip this in the bud by having a lawyer review the situation and write a letter explaining your rights to enter and exit your property through the neighbor's property.

    The other issue is whether or not the neighbor is claiming ownership of a piece of land by "adverse possession" which is yet another reason that you are both likely to end up in court.

    You do have the option of ignoring him and using the road as you please. Then see what kind of move he makes.
     
  5. Texas6023

    Texas6023 Law Topic Starter Member

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    Ok thanks adjuster jack. This is just frustrating but my plan is to put up a fence and then call my neighbors bluff on him taking me to court. If we end up there then atleast I know he was serious. I don't mind defending myself in court especially when this went through real estate so I'd expect reimbursement somehow which the court would be a perfect place for the real estate to explain how they planned on doing just that. I brought this up to real estate before hand in case someone wasn't happy with me using the access road and realtor told me to use it and pretty much claim it as my own if anyone told me different because it is mine.. Now when I contacted title company they suggested I just wait it out until neighbor passed away.. Which is silly just because they want to keep from problem being addressed.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    And you accepted that advice from a realtor whose ONLY goal was to collect his/her commission when the sale closed? Count on the realtor having convenient amnesia if you end up in court over this.
     
  7. Texas6023

    Texas6023 Law Topic Starter Member

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    I asked the question and yes I expected the realtor to do his job and get me the answer. If I cant trust my realtor then why do I need the son of a bitch?
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Do you trust car dealers, too, or do you thoroughly check out a car before you buy it?
     
  9. army judge

    army judge Super Moderator

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    Many people have bought and sold property and homes without realtors, because they don't trust realtors, or their massive commissions at their expense.

    I've done, but not without hiring a real estate attorney to review every piece of paper involved.
     
  10. Texas6023

    Texas6023 Law Topic Starter Member

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    im not talking about buying and selling vehicles. You are!! So stick to the question and quit swerving..

    Real estate attorney is part of the process when you go through title company which a real estate always goes through to cover everyone's ass.. Never mind me asking. Didn't know I'd have bozo the clown responses..
     
  11. adjusterjack

    adjusterjack Super Moderator

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    What I'm telling you is that self preservation is nobody's business but your own.

    You are welcome to blindly rely on others without verification. That's your choice and you get to deal with the consequences.

    Nothing bozo about that observation.
     
  12. army judge

    army judge Super Moderator

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    If that's what you choose to believe, good luck.
    I own properties, quite a few, always retained my real estate attorney to review every document I'm asked to sign.
    Never had any issues in decades of such activity.
    Good luck following your philosophy.

    We've helped as much as we can, I'm closing the thread to avoid further profanities, insults, and name calling.
     

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