Posted by
Deborah Burr

What are rules around Land Locked Properties?

I thought Texas required land owners to have access to their property. I've recently tried to list a property that is land locked and heard we need to get permission from the owners in surrounding areas for an easement. Can someone shed light on what I need to do here? Thanks so much!!

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What are rules around Land Locked Properties?

By Deborah Burr   
Posted on Sep 11, 2019 in Topic: Realtor Only
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I thought Texas required land owners to have access to their property. I've recently tried to list a property that is land locked and heard we need to get permission from the owners in surrounding areas for an easement. Can someone shed light on what I need to do here? Thanks so much!!
Status: Open
Viewed: 191
Asked by: REALTORS®
Posted: 6 days ago
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Lisa Perez
about 6 days ago
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.


about 6 days ago
Bronze
Victoria Bills
about 5 days ago
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.

Best of luck!
Tori Bills
832-580-6535
Tori@ToriBills.com


Source:


https://assets.recenter.tamu.edu/documents/articles/422.pdf

about 5 days ago
Bronze
Margo Duke
about 4 days ago
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


about 4 days ago
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about 1 day ago
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about 1 day ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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