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My acces has been blocked

Discussion in 'Easements & Right of Way Law' started by Armin Bahrami, Mar 4, 2020.

  1. Armin Bahrami

    Armin Bahrami Law Topic Starter New Member

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    I have 2 lots in the same subdivision that I bought free and clear getting title insurance. They are about 300 feet apart and located in Fresno , Ft.Bend County. There are 19 other lot owners as well in the same blocks, many live out of state. There are 3 access roads to my lots crossing the main street Evergreen, each one 20 feet .
    There is a house built 30 years ago right on Evergreen. Before I bought the lots 2 years ago CAD showed them crossing Evergreen with the access roads showing crossing Evergreen. When I started asking the homeowner for my access all of a sudden CAD changed and showed the shape of his house and not crossing Evergreen. I believe it was done at the request of his title company when I notified them. They are based in Chicago.
    The title company looks like it is aware of my right to access but without filing a lawsuit against them and the homeowner they won't do anything. I need an attorney to look at what I have and file a lawsuit ASAP. I do believe I have an implied right to access or access by necessity. I can send you CAD map before I owned them and after . It changed within a few months.
    Would appreciate your input.
  2. Zigner

    Zigner Well-Known Member

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    I agree that you need an attorney.
    This is not an attorney referral forum.

    You may check your state's BAR (www.texasbar.com) or Find a Lawyer in the Attorney Directory | TheLaw.com for attorney referrals.

    Best of luck to you.
  3. zddoodah

    zddoodah Well-Known Member

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    You didn't ask a question, so I'm not sure what the purpose of your post is.

    I assume this is the area you're talking about (although that could be wrong) and that these lots are all completely undeveloped land (and I'm not sure where the "access roads" are).

    Who or what is "CAD," and to whom or what does "them" refer?

    Not sure what all this means.

    What does that mean? Are you talking about your title company or the company that issued the title policy for the owner of the house on Evergreen?

    Assuming "them" refers to the title company (although I'm not sure which one), what exactly do you expect a title company to do? For that matter, you haven't clearly articulated any issue. Is someone denying you the ability to access your property? If so, who is doing that and how?

    Also, the purpose of a policy of title insurance is to provide the buyer with certainty that there are no encumbrances of record other than those listed in the exclusions. A policy of title insurance has nothing to do with the ability to access one's property.

    Also, no one here has read your deed, and you haven't told us what it says.
  4. hrforme

    hrforme Active Member

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    CAD = the county's Central Appraisal District....actual site is FBCAD.org for this property address (I lived in that area for close to 40 yrs but don't any longer)..... I think you need to go back to your title company -- they might have some recommendations and often have lawyers on staff to assist. Not sure what you can do about CAD if there is an issue that the deeds and documents support because I suspect they were wrong on their site and later fixed it when shown.

    I can't access their website from work but I bet there is a disclaimer on using their maps for this very reason.

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