What are rules around Land Locked Properties?

Deborah,
That sounds like a question for TREC's legal hotline. The only time I have dealt with a landlocked parcel issue was when I was a Broker in another State. Friendly easements among Neighbors are common in rural situations, however when Listing and selling to a new party in my case a legal judgement to assure the easement by prescription was required. We are not Attorneys and cannot give legal advice. There are no hard and fast rules that apply to all land on this issue. You may also want to talk to the Attorney at your Title Company too, maybe he or she can help explain.
Good luck!
Margo

Margo Duke, Realtor
ABR, SRES
Better Homes and Gardens Real Estate - Gary Greene
(281) 763-8099
Margo.Duke@garygreene.com

I agree with Lisa, however I’d check county for the most recent survey first. Then refer to past recorded surveys because there may already be a recorded easement. There are many different types of easements. There is private and public easements. I am assuming this will be a private easement. In that case there are in gross, appurtenances, implication, by implied reservation or grant, by way of necessity, estoppel, prescription. Keep in mind while looking at these surveys there are many different ways to termination an easement as well. Specifically for land locked property “Statutory Easement for Landlocked Property
The law has not always been consistent regarding landlocked property in Texas. Prior to 1963, any per- son having land without an easement could statutorily condemn a private right-of-way to and from the property according to the Texas Revised Statutes Article 1377b(2). However, in 1963, the Texas Supreme Court held this statute contrary to Article 1, Section 17 of the Texas Constitution because it lacked public purpose. Effective Sept. 1, 1995, the Texas Legislature passed a new statute that mirrors the former Article 6711. The new law is found in Subchapter B, Chapter 251 of the Texas Transportation Code.
Again, on a sworn application, a landlocked property owner may request that a road be condemned by the commissioners court. The procedure is outlined in the statute.
In 2009, Section 251.054 was repealed, removing all funding for any land taken under Chapter 251 of the Texas Transportation Code. This section contained the sole means for determining damages for affected land- owners. The repeal apparently terminated any future use of this statute for accessing landlocked property.
For more information, see "Don't Fence Me In," publi- cation 1130.“ After reviewing the surveys I’d suggest the consultation of a real estate lawyer.

TORI BILLS
REALTOR
GRI, PSA

Cell: (832) 580-6535
Email: Tori@ToriBills.com

I am surprised there is not already an easement recorded. If you can get the other land owners to sign over an easement that is ideal. If they refuse then you hire an attorney and go before the judge and he will grant a legal easement.