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Re: Landlocked legal question!!!
[Re: Koenig]
#7582275
08/17/19 04:45 PM
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Joined: Jul 2006
Posts: 110,840
dogcatcher
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How did your great grandparents access this place? When they bought it, the landowner probably gave them access, but it may or may not be in written format. You need to try to find something about that. Is the current landowner related to the original seller? If yes, they could grant you access rights.
Otherwise, you will probably need a lawyer, a good one.
Combat Infantryman, the ultimate hunter where the prey shoots back. _____________"Illegitimus non carborundum est"_______________
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Re: Landlocked legal question!!!
[Re: Koenig]
#7582313
08/17/19 06:22 PM
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Joined: Aug 2008
Posts: 15,061
don k
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If the place was bought in the 20's I doubt there is a written easement. There are 2 different properties that travel through my place to access theirs. Neither property has a written easement.
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Re: Landlocked legal question!!!
[Re: dogcatcher]
#7582316
08/17/19 06:27 PM
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Joined: Nov 2007
Posts: 6,203
Koenig
OP
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OP
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After looking at the Central Appraisal MAP there is a small sliver of land that shows no owner listed. Maybe this is the easement going to my aunts property that neighbors ours. I’ll call Monday. But he has ours fenced in where he is running cattle. However the fence is on our property.
never trust a man that rents pigs....
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Re: Landlocked legal question!!!
[Re: don k]
#7582354
08/17/19 07:37 PM
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Joined: Jul 2006
Posts: 110,840
dogcatcher
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If the place was bought in the 20's I doubt there is a written easement. There are 2 different properties that travel through my place to access theirs. Neither property has a written easement. There is a legal term for this type of easement, and if my days sleeping through business law classes is correct, it is as good as a written easement.
Combat Infantryman, the ultimate hunter where the prey shoots back. _____________"Illegitimus non carborundum est"_______________
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Re: Landlocked legal question!!!
[Re: Koenig]
#7582370
08/17/19 08:02 PM
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Joined: Feb 2010
Posts: 11,658
GusWayne
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Keep us updated, I wanna see how sausage guy reacts
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Re: Landlocked legal question!!!
[Re: dogcatcher]
#7582489
08/17/19 11:12 PM
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Joined: Aug 2008
Posts: 15,061
don k
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If the place was bought in the 20's I doubt there is a written easement. There are 2 different properties that travel through my place to access theirs. Neither property has a written easement. There is a legal term for this type of easement, and if my days sleeping through business law classes is correct, it is as good as a written easement. That is very true until it comes time for the neighbors wanting to sell and whoever the lending agency is wants something in writing before they will lend the money.
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Re: Landlocked legal question!!!
[Re: don k]
#7582542
08/17/19 11:57 PM
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Joined: Aug 2005
Posts: 32,998
txtrophy85
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If the place was bought in the 20's I doubt there is a written easement. There are 2 different properties that travel through my place to access theirs. Neither property has a written easement. There is a legal term for this type of easement, and if my days sleeping through business law classes is correct, it is as good as a written easement. That is very true until it comes time for the neighbors wanting to sell and whoever the lending agency is wants something in writing before they will lend the money. The term is prescriptive easement and some lenders will lend on it, others won’t. Depends on the lender and if the title company will take exception to it. Dogcatcher....a prescriptive easement is not nearly as good as a Deeded easement...for either party. A prescriptive is an “over and through” type of easement with no defined route of travel. A deeded easement is a surveyed and defined route that is typically 30’-60’ wide
For it is not the quarry that we truly seek, but the adventure.
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Re: Landlocked legal question!!!
[Re: txtrophy85]
#7583560
08/19/19 01:06 PM
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Joined: Oct 2008
Posts: 18,087
Jasb
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You cannot have landlocked land in Texas.
There has to be a legal access somewhere. I would guess you have a prescription easement.
Call the landowner but pull the title commitment and deed on the property as well this
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Re: Landlocked legal question!!!
[Re: Koenig]
#7583611
08/19/19 02:13 PM
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Joined: Nov 2011
Posts: 167
JRayD2
Woodsman
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Woodsman
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Re: Landlocked legal question!!!
[Re: Koenig]
#7583637
08/19/19 02:36 PM
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Joined: Nov 2014
Posts: 7,872
Mr. T.
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The "coffee shop law" idea that a person has to be given access to his or her landlocked property is not actually true under Texas law.
Cabin rental in Pagosa Springs, Co. Sleeps 10, If interested please PM me.
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Re: Landlocked legal question!!!
[Re: Koenig]
#7583730
08/19/19 03:46 PM
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Joined: Aug 2008
Posts: 15,061
don k
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I have another property that people have to pass through to access theirs. They have done so for over 60 years. One of the sons wanted to build a house on their ranch. Before he could get a loan to start building he had to get a written and surveyed easement through my and 2 others property. He even had to get the same through the family ranch before getting a loan.
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Re: Landlocked legal question!!!
[Re: Koenig]
#7583855
08/19/19 05:36 PM
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Joined: Dec 2011
Posts: 2,529
Bass&More
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Last edited by Bass&More; 08/19/19 05:37 PM.
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Re: Landlocked legal question!!!
[Re: Mr. T.]
#7584234
08/20/19 01:20 AM
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Joined: Aug 2005
Posts: 32,998
txtrophy85
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The "coffee shop law" idea that a person has to be given access to his or her landlocked property is not actually true under Texas law. By all means, please educate me on the subject, I’m interested to hear what the law is
For it is not the quarry that we truly seek, but the adventure.
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Re: Landlocked legal question!!!
[Re: txtrophy85]
#7584248
08/20/19 01:39 AM
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Joined: Jul 2006
Posts: 110,840
dogcatcher
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The "coffee shop law" idea that a person has to be given access to his or her landlocked property is not actually true under Texas law. By all means, please educate me on the subject, I’m interested to hear what the law is I believe he is referring to a similar term "Outhouse Lawyers", Or in this instance, the "law firm of the off topics"...
Combat Infantryman, the ultimate hunter where the prey shoots back. _____________"Illegitimus non carborundum est"_______________
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Re: Landlocked legal question!!!
[Re: Koenig]
#7584265
08/20/19 01:59 AM
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Joined: Dec 2009
Posts: 10,405
The Dude Abides
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Why on earth would somebody buy "land locked" property? What's the advantage?
I am still looking for the perfect apron, one with reinforced knee areas would be perfect.
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Re: Landlocked legal question!!!
[Re: The Dude Abides]
#7584319
08/20/19 03:09 AM
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Joined: Apr 2005
Posts: 21,053
TurkeyHunter
determined
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determined
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Why on earth would somebody buy "land locked" property? What's the advantage? I think a lot of time they inherit it. That link has some very interesting info. Get a Texas lawyer who specializes in such things. I wonder if anyone ever helicoptered into landlocked property?
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Re: Landlocked legal question!!!
[Re: Koenig]
#7584506
08/20/19 01:28 PM
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Joined: Dec 2016
Posts: 4,105
Wytex
Extreme Tracker
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Randy Newburg has into land locked public ground. It happens on occasion up here if the land has good hunting. You need a permit to land on public lands though I believe.
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Re: Landlocked legal question!!!
[Re: Koenig]
#7584523
08/20/19 01:45 PM
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Joined: Apr 2009
Posts: 10,310
texasag93
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Re: Landlocked legal question!!!
[Re: Wytex]
#7584583
08/20/19 02:47 PM
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Joined: Aug 2005
Posts: 32,998
txtrophy85
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Randy Newburg has into land locked public ground. It happens on occasion up here if the land has good hunting. You need a permit to land on public lands though I believe. I think up there it has to do with the checkerboarded plats that were railroad and BLM land
For it is not the quarry that we truly seek, but the adventure.
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Re: Landlocked legal question!!!
[Re: TurkeyHunter]
#7584585
08/20/19 02:49 PM
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Joined: Aug 2005
Posts: 32,998
txtrophy85
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Why on earth would somebody buy "land locked" property? What's the advantage? I think a lot of time they inherit it. That link has some very interesting info. Get a Texas lawyer who specializes in such things. I wonder if anyone ever helicoptered into landlocked property? Technically your rights as a landowner extend to the center of the earth up to our walking surface into the sky infinity. So crossing another property even in the air technically is trespassing. Below a certain height you need a landowner authorization form to cross. Can’t remember what the height is but a pilot will know. Every property has an access. There is no property in Texas that is landlocked without some kind of access. There maybe some off the wall cases you can reference but entirely landlocked places are a common misconception. Sometimes it takes a lawsuit to get a defined access but there is always going to be a way in.
For it is not the quarry that we truly seek, but the adventure.
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Re: Landlocked legal question!!!
[Re: txtrophy85]
#7584616
08/20/19 03:32 PM
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Joined: Jan 2009
Posts: 19,961
Judd
#1 Creedmoor Fan
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Every property has an access. There is no property in Texas that is landlocked without some kind of access.
There maybe some off the wall cases you can reference but entirely landlocked places are a common misconception.
Sometimes it takes a lawsuit to get a defined access but there is always going to be a way in. That last sentence somewhat contradicts your entire platform on the subject. Can you say every property has access if a lawsuit is what it takes to get it? Not my area of expertise (not even close) but I looked at a piece of property that was land and creek locked...it was not defined and the access was granted and available via the relationship with a neighbor but if that relationship was damaged he could cut it off because there was nothing defined as you said. I don't care what anyone said, that's landlocked property. I couldn't run away fast enough and definitely didn't want to go through the headache of a lawsuit to get something on paper, who knows what it might've done to the relationship with the neighbors.
Don't let your ears hear what your eyes didn't see, and don't let your mouth say what your heart doesn't feel
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Re: Landlocked legal question!!!
[Re: JRayD2]
#7584624
08/20/19 03:37 PM
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Joined: Dec 2004
Posts: 2,521
bassfishinglawyer
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All the things I wanted to say while reading through some of these answers but just didn't have the time.
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Re: Landlocked legal question!!!
[Re: Koenig]
#7585361
08/21/19 01:46 PM
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Joined: Dec 2015
Posts: 228
pine knott
Woodsman
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Woodsman
Joined: Dec 2015
Posts: 228 |
Not a lawyer here but dealing with landowners wanting to sell timber, I have turned down plenty of opportunities to get in trouble over easement.
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