Sunday, February 2, 2014

I granted a 10 year access easement to the seller of my property in Texas. Her property is not landlocked but she did not want to go the the...

Question

I granted a 10 year access easement to the seller of my property in Texas. Her property is not landlocked but she did not want to go the the expense of cutting in a new drive. Her guests are not driving on the easement but are actually cutting in a new driveway parallel to the easement in my pasture thus reducing hay production. I have asked several times but guests continue to drive off the easement.

If this problem persists, may I remove the easement as a remedy?



Answer

How difficult would it be to put up barriers that prevent these folks from "cutting in a new driveway?"

Have you tried putting up signs?

The owner of the easement (the grantee) isn't liable for the conduct of others (the trespassers).



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