How Can I Access Landlocked Property in Texas?

[two_bit_score]

We have a lot of threads about easements and there is usually several comments regarding easements and access to landlocked property. Yes, this deals with Texas law specifically but it is very informative and can be a way of clearing up a lot of misconceptions.


Questions from Tiffany's Desk: How Can I Access Landlocked Property in Texas? - Texas Agriculture Law


"Despite many people thinking that landowners always have an automatic right to access their landlocked property, under Texas law, that is not always the case. A landlocked landowner has a number of options to consider."


Good reading!

TBS

 

[Jstpssng]

Short, to the point and informative. It's a bit more complicated up here, as we have a myriad of old discontinued roads from the 1800's which used to access remote parcels. A lot of landowners lost access when the Interstate was built back in the 1960's. We also have the right to pass across unimproved land to get to "navigable waters"- defined as any body of water which you can float a 4' stick of pulpwood down.

 

[TractorNH]

Informative article. Seems like the shortest answer is by hellicopter though.

 

[Oldoak]

Appears access can eventually be gained, however it could be a long drawn out process and may involve lawyers and then $$, of course, and could even take years.

 

[oosik]

Makes me glad to have a purchased, recorded easement for my driveway. Otherwise - my 80 is landlocked.

An interesting footnote to all this - My property was originally homesteaded - 1892. My family purchased the 80 acres - 1939. The 30' by one mile long driveway easement purchased - 1957.

The record of property purchase recored with the county - 1939. The record of driveway easement purchase recorded with the county - 1957.

Because the county never "married up" the driveway easement with the property purchase - until we came down in '82 and had the driveway constructed - - the county figured the acreage was still landlocked and taxed the property accordingly.

Property taxes for 1981 - $4.91. Property taxes for 1982 - $1742. And the dirty b a s t a r d s had the balls to want to "back tax" the property to 1957 when the driveway easement was recorded. They never got away with it - have a good friend, an attorney, he made a couple phone calls and it was all straightened out.

Legal point made - whether the property owner had a recorded driveway easement or not - until the driveway was physically constructed - the property was, in fact, landlocked.

 

[TheMan419]

Title company should tell you it is land locked when doing the policy.

 

[radios1]

where I am, NO-ONE here EVER buys Property without inspecting it themselves!.. and so, if you do that, you'll find out the access rights real quick!..

 

[two_bit_score]

Makes me glad to have a purchased, recorded easement for my driveway. Otherwise - my 80 is landlocked.

An interesting footnote to all this - My property was originally homesteaded - 1892. My family purchased the 80 acres - 1939. The 30' by one mile long driveway easement purchased - 1957.

The record of property purchase recored with the county - 1939. The record of driveway easement purchase recorded with the county - 1957.

Because the county never "married up" the driveway easement with the property purchase - until we came down in '82 and had the driveway constructed - - the county figured the acreage was still landlocked and taxed the property accordingly.

Property taxes for 1981 - $4.91. Property taxes for 1982 - $1742. And the dirty b a s t a r d s had the balls to want to "back tax" the property to 1957 when the driveway easement was recorded. They never got away with it - have a good friend, an attorney, he made a couple phone calls and it was all straightened out.

Legal point made - whether the property owner had a recorded driveway easement or not - until the driveway was physically constructed - the property was, in fact, landlocked.

Very interesting. Glad it worked out for you.

TBS

 

[Oldoak]

Legal point made - whether the property owner had a recorded driveway easement or not - until the driveway was physically constructed - the property was, in fact, landlocked.

So many people, so many opinions.

The bridge to my neighbors property was washed out yesterday. So does that mean his property is now "legally" landlocked until a new bridge is physically constructed? :laughing:

 

[two_bit_score]

So many people, so many opinions.

The bridge to my neighbors property was washed out yesterday. So does that mean his property is now "legally" landlocked until a new bridge is physically constructed? :laughing:

Physically but not legally I would think. How would the bridge being washed away affect the legal easement? Was there a requirement that the owner maintain a ‘continuous access’ of some sort? Even so, wouldn’t the concept of force majure apply?