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Legal Question Re; deeded Right of way
#4791289
11/29/13 02:16 AM
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Joined: Sep 2012
Posts: 2,217
shooterwalter
OP
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OP
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Posts: 2,217 |
I drive in 1.25 miles over a private white rock ranh road for my drive way. It is a legal easement and I own it and must maintain it. It cannot be taken away from me as I own it.
Question is would I be legal to shoot a deer while the deer was on my right of way?
Thanks for all comments.
www.poetryshootingclub.comGun Dog Training, Flighty Quail Guided/Unguided Quail Hunting Group Events/Parties 700 Yard Range CLOSE TO DALLAS Take a youth shooting 214-728-2755 By appointment always and you shoot in private.
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Re: Legal Question Re; deeded Right of way
[Re: shooterwalter]
#4791432
11/29/13 03:02 AM
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Joined: May 2012
Posts: 8,382
nsmike
THF Trophy Hunter
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THF Trophy Hunter
Joined: May 2012
Posts: 8,382 |
You don't own the land you own the right to access your land over a road you must maintain. The exact wording of the easement might vary your rights somewhat but I doubt that they would include shooting game.
for every stereotype there's a prototype don't be the prototype
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Re: Legal Question Re; deeded Right of way
[Re: shooterwalter]
#4791445
11/29/13 03:07 AM
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Joined: Oct 2012
Posts: 63
ETX Hunter
Outdoorsman
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Outdoorsman
Joined: Oct 2012
Posts: 63 |
Would depend on the language in the agreement, but most likely it is a standard ingress/egress document and you would not have the right to shoot an animal.
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Re: Legal Question Re; deeded Right of way
[Re: ETX Hunter]
#4791469
11/29/13 03:20 AM
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Joined: Nov 2009
Posts: 2,566
KennyLee
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No, it wouldn't.
You don't own the property, just a legal right to access.
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Re: Legal Question Re; deeded Right of way
[Re: KennyLee]
#4791505
11/29/13 03:38 AM
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Joined: Nov 2013
Posts: 31
Jace313
Light Foot
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Light Foot
Joined: Nov 2013
Posts: 31 |
what they said. an easement means you "do not" own it. you just have the right to use the easement to access your property. im a professional land surveyor for the state of texas.
Last edited by Jace313; 11/29/13 03:38 AM.
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Re: Legal Question Re; deeded Right of way
[Re: Jace313]
#4791558
11/29/13 04:02 AM
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Joined: Sep 2009
Posts: 1,768
killemall
Pro Tracker
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Pro Tracker
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Posts: 1,768 |
I'm betting ingress/egress is the only thing you got.
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Re: Legal Question Re; deeded Right of way
[Re: killemall]
#4791592
11/29/13 04:20 AM
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Joined: Dec 2012
Posts: 197
TravisP
Woodsman
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Woodsman
Joined: Dec 2012
Posts: 197 |
Run it over then.. thats legal!
Hunting in magnolia would be better in a gated community.
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Re: Legal Question Re; deeded Right of way
[Re: shooterwalter]
#4791621
11/29/13 04:35 AM
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Joined: Jun 2010
Posts: 16,350
aeb
THF Celebrity
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THF Celebrity
Joined: Jun 2010
Posts: 16,350 |
You answered your own question when you called it an easement. Following your line of reason, every pipeline and utility ROW would be open season.
Last edited by aeb; 11/29/13 04:36 AM.
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Re: Legal Question Re; deeded Right of way
[Re: aeb]
#4791629
11/29/13 04:39 AM
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Joined: Jul 2006
Posts: 110,795
dogcatcher
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You answered your own question when you called it an easement. Following your line of reason, every pipeline and utility ROW would be open season.
Combat Infantryman, the ultimate hunter where the prey shoots back. _____________"Illegitimus non carborundum est"_______________
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Re: Legal Question Re; deeded Right of way
[Re: dogcatcher]
#4791861
11/29/13 12:43 PM
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Joined: Aug 2008
Posts: 14,950
don k
THF Celebrity
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You own the easement or the land? Do you pay the taxes on the land? If not you best not be shooting on it.
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Re: Legal Question Re; deeded Right of way
[Re: don k]
#4792615
11/29/13 08:46 PM
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Joined: Sep 2012
Posts: 2,217
shooterwalter
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OP
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thanks for the replys and I suspected this is what I would be told.
www.poetryshootingclub.comGun Dog Training, Flighty Quail Guided/Unguided Quail Hunting Group Events/Parties 700 Yard Range CLOSE TO DALLAS Take a youth shooting 214-728-2755 By appointment always and you shoot in private.
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