Table of Contents
- 1 How do you get a landlocked property in Texas?
- 2 What does it mean when a property has no legal access?
- 3 What is legal access to property?
- 4 What is necessity easement?
- 5 Is there a right of access to a landlocked property?
- 6 Is it legal to trespass on a landlocked property?
- 7 What happens if I can’t access my property?
How do you get a landlocked property in Texas?
A statute in the Texas Transportation Code allows a landlocked property owner to seek a public road from the commissioners’ court. The landlocked owner must file a sworn application with the commissioners’ court and provide notice to each property owner who would be affected.
What does it mean when a property has no legal access?
Landlocked property is a piece of land that is inaccessible via public thoroughfare. This means that you, as the landowner, have no other option but to go through another person’s property in order to reach your own.
Can you get an easement by necessity?
An easement by necessity is a common type of easement appurtenant. An easement by necessity is created by law, meaning it is not created by a specific promise or agreement between neighbors, but the law implies its existence to achieve just results.
What is legal access to property?
“Legal access” to a property is the right of the landowner to go from their land to the nearest road. There is no such thing as landlocked property or land without access. The land just doesn’t have it, yet. Every property can get legal access.
What is necessity easement?
Overview. An easement that arises when a landowner conveys a landlocked parcel of land to another. An easement by necessity may lie dormant through several transfers of title and still pass with each transfer as appurtenant to the dominant estate.
Do I have to allow my Neighbour access to my property?
Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Accordingly, there is a legal right that allows this under the Access to Neighbouring Land Act 1992. Generally, if you go onto your neighbour’s land without their permission, you are trespassing.
Is there a right of access to a landlocked property?
Contrary to popular belief, there is no automatic right of access, although there are a number of methods to consider in obtaining a legal right to access landlocked property. Establishing a permanent, enforceable right of access—rather than relying on friendly permission of a third party—will reduce headaches for landowners and their visitors.
Is it legal to trespass on a landlocked property?
If you have a piece of landlocked property, it means the property can only be accessed by going across or through property owned by someone else. Dealing with landlocked property can be a tricky legal situation because the person who owns the landlocked property has to essentially trespass on the surrounding land to access it.
Can a real estate attorney interpret an easement?
Additionally, where there is uncertainty about boundary lines or the existence of an easement, a qualified real estate attorney can interpret legal descriptions, surveys, and deeds and contracts which purport to establish an easement in order to assist you in clarifying your rights and obligations.
What happens if I can’t access my property?
Title companies are usually unwilling to insure title to a property that lacks legal access, so without access, the property will likely be difficult to sell to any party desiring title insurance. Further, without insurable title, a lender is unlikely to issue a loan.