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#6597186 - 12/21/16 04:30 PM Land Question - Legal
RovingTexan Offline

Registered: 10/29/13
Posts: 54
Loc: Smith Co.
Late Spring I bought 1/2 of a 60 acre tract. The land was basically shaped like a "7" and the guy I bought the land from split the 60 into two 30 acre tracts so that both pieces resembled "7s". There is currently no fence between us but I'm planning on building one in a couple of months. Its hard to describe, but I hope that makes sense. Anyway, his brother in law, whose parents used to own the whole tract owns the other 1/2. The story goes that the guy I bought from drew the boundaries and basically screwed my new neighbor because I got the pond and the far SE corner of the property line is about 15 feet from a creek that drops off a good 35 feet or so straight down. I guess they had some bad blood and the guy I bought from had to actually get a no trespassing order against my new neighbor. Several months after I moved in my neighbor came over to introduce himself and to ask me if I would mind giving him an easement of 15-20 feet at that corner so he could get around to the back 1/2 of his property. I have no problem doing so because I want to be a good neighbor. Also at this first meeting we started talking deer hunting and he mentioned he shot a 4 and a 6 point last year. Obviously this made me start to question him, but I didn't say anything. Fast forward to mid Oct and he asked if I would mind him passing through my place to mow his hunting area since he can't get around the corner on his place. I told him ok. He then asked if I would get mad if he "accidentally" got a couple of feet on my property. Like I said there is no fence yet so the boundary is fuzzy. I told him I'd rather he didn't, but if he accidentally did it I wouldn't get upset. Let's just say he came a lot more than a couple of feet and more like 15-20. I let this slide. The other day I was back looking at the land and I noticed he had cut a trail, literally cut as in trees, back to his stand and it is a good 15-20 feet on my property. At this point there is no way he could have "accidentally" done it because the corner marker is right there. I've also had problems with game cameras sitting out for a week at a time and having no pics. Then the next week there will be several hundred pics making me think someone is checking my cameras.

O.K. All that to say that I want as little to do with this guy as possible since he can't respect boundaries. At this point I am inclined to not give him the easement either. If I refuse, he will have a very hard time getting to the back of his place. Is there any legal way he can force me to give him an easement? I really don't want to be a butt, but I don't want to deal with him. He's definitely one of those that will always want to push the boundaries. I thought about calling the sheriff about the trespassing and destruction of my property, but I'm not inclined to at this time. I guess if he makes an issue of me denying his easement request I could bring that up as an option.

Ok. Advice? What would you do?

#6597213 - 12/21/16 04:45 PM Re: Land Question - Legal [Re: RovingTexan]
RovingTexan Offline

Registered: 10/29/13
Posts: 54
Loc: Smith Co.
Here is a terrible drawing to give you a better idea.

#6597218 - 12/21/16 04:48 PM Re: Land Question - Legal [Re: RovingTexan]
rickym Offline
THF Trophy Hunter

Registered: 06/14/15
Posts: 5693
Loc: texas
I would go to him and say that you have decided to no longer allow him to enter your property to gain access to his. Also that you are considering not allowing him an easement due to the damage he has caused and some "other fishy things" that have been occurring. If he pushes back, threaten to press charges for the trespassing, trespassing with a firearm(id imagine he has done this, tell him you have pics)and damages done to your property.
Originally Posted By: Grizz
Wingshooting is like sex for me - I love doing it but I'm just not that good at it.

#6597288 - 12/21/16 05:38 PM Re: Land Question - Legal [Re: RovingTexan]
TexasKC Online   content
Veteran Tracker

Registered: 12/30/12
Posts: 2742
Loc: Houston & Lexington, Texas
Good fences make for good neighbors. I'd get the fence up and tell him he's worn out his welcome.

#6597389 - 12/21/16 06:47 PM Re: Land Question - Legal [Re: RovingTexan]
maximus_flavius Online   content

Registered: 04/24/13
Posts: 855
If you dont mind my saying, your problem is you are too nice a guy.

Get a fence up as soon as you can, & no longer allow him access to your property. I would put up a few T posts & a single strand of wire immediately, to clearly define your property. 100% refuse easement.

His problems are his, & he has to deal with them sometime, but as long as your a nice guy & let him do what he wants on your place, he's never gonna change.

I'm sorry to say it, but there are plain few folks you can be nice to.

#6597444 - 12/21/16 07:22 PM Re: Land Question - Legal [Re: RovingTexan]
Pitman Offline

Registered: 12/02/08
Posts: 158
Loc: Cumby, Tx
No he can not legally make you give him an easement. You must think about the future and take care of this now. For all you know he may sell in a couple years then you are dealing with a new neighbor who thinks he owns even more.

You have two options. Sell him a small easement for a pretty penny, have the surveyors clearly mark the easement then fence it at his expense (included in price of sale). This is still being a darn nice guy, but he has to pay for your generosity

Option 2 (what i would do) say screw it call a surveyor on your own dime and mark off the entire corner every 100ft in both directions. Should cost between $500 to $1000 depending on how big the trees are and whether they can shoot directly to a satellite. After the surveyor is done immediately go out there and drive t posts where his markers are. Then you can begin fencing. Look into high tensile wire fencing. much cheaper than barb wire. I just finished fencing in three acres for my goats with 7 strand high tensile and material cost was $1 per foot. That includes all braces and line posts and hardware.

#6597480 - 12/21/16 07:54 PM Re: Land Question - Legal [Re: RovingTexan]
jetdad Offline
Pro Tracker

Registered: 03/02/13
Posts: 1139
Loc: Grayson county
He should have known this when he bought the property. Certainly a survey was done and the boundaries marked. That said, it will decrease the value of your property to grant the easement and will enhance the value of his. He doesn't sound like the type of neighbor you want crossing your property on a regular basis. Once the easement is given you can't take it back. It's not being a bad neighbor it's just good business.

#6597587 - 12/21/16 08:58 PM Re: Land Question - Legal [Re: RovingTexan]
AvianQuest Offline

Registered: 11/15/14
Posts: 60
Loc: Cypress, Texas
Originally Posted By: RovingTexan

he mentioned he shot a 4 and a 6 point last year.

Smith is an antler restriction county which means a person can shoot two spikes or one spike and one buck having an inside spread of 13" or more. Even if the 4 or 6 pointer had a wide spread, the other one was illegal. But this is assuming he shot them in Smith County.

As far as the gamecams, it happens that you get no photos for several days and then lots of activity gets recorded. If he were checking the cams, I don't know why he would be erasing the cards?

The guy shouldn't have cut trees and made a trail that far onto you property. Of course, he doesn't want to end up rolling the tractor off into the creek either. I would have to be there to make that judgement.

#6598063 - 12/22/16 08:47 AM Re: Land Question - Legal [Re: RovingTexan]
TX Hitman Offline
Bird Dog

Registered: 10/12/11
Posts: 309
Loc: West Texas
Being a landowner, I've had a couple issues with previous owners family.

My suggestion would be to leave the sheriff out of it and put up a fence asap. A simple hot wire fence without power will work. As mentioned above, just something to designate the property line. Then if you continue to have issues with him trespassing, call the sheriff and GW.

As for an easement, he will have to file it with the county. The county will notify you in regards to it because it's your land and you will have an opportunity to give a statement. My suggestion for this is to meet your county commissioner asap and just ask brief questions about the guy in question. If you can get the commissioner on your side, I doubt they will allow the easement. The only reason to approve it would be if that is the absolute only way to reach his side of the property. Or to allow access to a homestead. Hunter access is not a reasonable excuse. Just my 2cents

#6598879 - 12/22/16 05:43 PM Re: Land Question - Legal [Re: RovingTexan]
RovingTexan Offline

Registered: 10/29/13
Posts: 54
Loc: Smith Co.
Thanks for all the advice. It seems like everyone is pretty much in agreement that I just need to get a fence up and forget about the easement. I'll get started on that right after the holidays. Merry Christmas and Happy New Years everyone!

#6599388 - 12/23/16 04:45 AM Re: Land Question - Legal [Re: RovingTexan]
Chico Kid Offline

Registered: 10/23/12
Posts: 64
Loc: Wise/Jack Co.
No way would I give or sell the easement. For what that would cost him surely he could hire a dozer to build a creek crossing. Good luck!

#6605001 - 12/27/16 09:29 PM Re: Land Question - Legal [Re: RovingTexan]
txshotgun Offline

Registered: 12/02/10
Posts: 510
Loc: Argyle TX
Offer to buy him out.
Recycle! Be an organ donor!

#6605028 - 12/27/16 09:58 PM Re: Land Question - Legal [Re: RovingTexan]
trash2 Offline
Bird Dog

Registered: 09/01/12
Posts: 354
Tell him your lawyer came out hunting and told you that you can't allow anyone to access it thats not on the deed. Pretend he's your partner if necessary. No need or requirement to give an easement, he has an egress although it might require him spending money to make it passable.

#6605278 - 12/28/16 08:28 AM Re: Land Question - Legal [Re: RovingTexan]
cameron00 Offline
THF Trophy Hunter

Registered: 01/08/09
Posts: 8711
Loc: Texas
As others have said, the only way easements are forced in Texas is if there is no legal access to the property, and even then, the county will not necessarily grant you the easement that's easiest for you. They'll grant the least intrusive to other landowners often times. A creek that makes it more difficult for him to get to the back piece is absolutely his problem and no one else's. Do not give this guy an easement and stop allowing him any graces. He's pretty clearly the "give an inch take a mile" type that will not stop encroaching on your land.

#6605323 - 12/28/16 09:02 AM Re: Land Question - Legal [Re: TexasKC]
redchevy Offline
THF Celebrity

Registered: 10/25/04
Posts: 27640
Loc: Texas
Originally Posted By: TexasKC
Good fences make for good neighbors. I'd get the fence up and tell him he's worn out his welcome.
It's hell eatin em live

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