Landowners, this is something all of you should be aware of.....

rider · #21 07/20/09, 12:02 PM

easements are not in favor of the landowner as far as i am concerned we have a road that crosses our property to another persons place there are 3 other roads in but he insists to use what crosses us we did an easement as county attorney said it would protect our rights well that b.s as the other person ( wont even call him a neighbor) refuses to shut my gate as he says he doesnt have to cause he has easment cattle guard not an option as my horse walks or jumps them anyway i get no help from law they wont enforce the gate shutting issue which here is misdomerner for not shutting gate have contacted several lawyers with no success on any one to hlep me get the use of my property back think its time to go civil rights

texican · #22 07/20/09, 04:08 PM

Quote:

Originally Posted by EDDIE BUCK

I agree,but sometimes you don't know it. Theres an eight acre piece of property thats right close to mine.Two years ago this couple I know bought it.About a year later and before they started building,the land owner that owns the land behind that eight acres comes up with a real old map showing an easement ROW through the middle of that eight acres,that belongs to him.
The last three owners of that eight acre prop, knew absolutely nothing about it, and neither of their maps showed that easement on them.The last folks that bought that prop wanted to build,but now have to wait till the courts decide whether the easement stays or not. Its a big mess,they can't do anything ,sell, build or make plans. EB

If it's not filed in the courthouse, a document is just that, a document. I have an old map that shows that I own the entire Republic of Texas. The dang problem is, I can't get anyone to recognize it as a legal document... if I'd'a filed it in say, oh 1800, I might have a claim... except there was no one to file it with... except for a few Spaniards.

Get title insurance and a title agent to list all the right of ways and other possible encumbrances. Safest thing is to buy land way far away from any and all humans, and then you probably will only have to worry about humans during hunting season.

Nevada · #23 07/20/09, 04:32 PM

Quote:

Originally Posted by texican

Quote:

Originally Posted by EDDIE BUCK

I agree,but sometimes you don't know it. Theres an eight acre piece of property thats right close to mine.Two years ago this couple I know bought it.About a year later and before they started building,the land owner that owns the land behind that eight acres comes up with a real old map showing an easement ROW through the middle of that eight acres,that belongs to him.

The last three owners of that eight acre prop, knew absolutely nothing about it, and neither of their maps showed that easement on them.The last folks that bought that prop wanted to build,but now have to wait till the courts decide whether the easement stays or not. Its a big mess,they can't do anything ,sell, build or make plans. EB

If it's not filed in the courthouse, a document is just that, a document.

A quiet title action claiming color of title is a legitimate case, and least strong enough to hear. It shouldn't take long to hear the case. But depending on the particulars of the case it could go either way.

However, I'm thinking that if the ownership was conveyed to another owner without the map being recorded, that the clear ownership of the property was filed first. The easement may not be valid any longer for failure to file before someone else filed to claim the same property rights.

Google for "race, notice, and race-notice" laws to learn more about that.

Quote:

Originally Posted by texican

Get title insurance and a title agent to list all the right of ways and other possible encumbrances.

Personally, I would trust my own title search before I would trust that of a title company. I've got stores about that. Honestly, I don't even know where those guys come from. It's not like there are people in college majoring in title searching.

I don't know what title insurance would do for you in an easement dispute. If someone wins easement rights against your property, it doesn't result in a monetary loss to you for which you could claim damages. You're just going to have to let them use your driveway, that's all. My guess is that if you called your title company and told them that someone is trying to enforce old easement rights against your property, they would probably just shrug and ask, "So when's lunch?"

EDDIE BUCK · #24 07/20/09, 09:58 PM

Quote:

Originally Posted by Nevada

A quiet title action claiming color of title is a legitimate case, and least strong enough to hear. It shouldn't take long to hear the case. But depending on the particulars of the case it could go either way.

However, I'm thinking that if the ownership was conveyed to another owner without the map being recorded, that the clear ownership of the property was filed first.

I don't know what title insurance would do for you in an easement dispute. If someone wins easement rights against your property, it doesn't result in a monetary loss to you for which you could claim damages. You're just going to have to let them use your driveway, that's all. My guess is that if you called your title company and told them that someone is trying to enforce old easement rights against your property, they would probably just shrug and ask, "So when's lunch?"

The original owner of the swamp land behind the eight acres,never used the easment and would not have,only if he needed it to hall logs from it.He didn't.Anyway he sold to a large lumber company that bought all the land in the swamp around it,thousands of acres and they never used the easment either and it wasn't on their map where they had it surveyed.Well,a lady with plenty of money bought the whole Nine Yards from the lumber company.Since then,that eight acres was sold twice.Last purchased by the couple I know.Somehow,this lady that bought all the lumber company land,has come up with the old map from the original owner,showing his easment across the eight acres which wasn't on the lumber companies map.If it was me,I'd give the couple the easment,the lady has access to it from a couple of ways across the lumber co land that she now owns.I think the lumber company didn't take advantage of the easment because they had much better access to it from another way,the way the lady now also owns.But,legally it is hers.Its still in the court system,so who knows?Not Me..lol EB