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Re: Landlocked legal question!!! [Re: Koenig] #7582275 08/17/19 04:45 PM
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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.


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Re: Landlocked legal question!!! [Re: Koenig] #7582313 08/17/19 06:22 PM
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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.

Re: Landlocked legal question!!! [Re: dogcatcher] #7582316 08/17/19 06:27 PM
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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.



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Re: Landlocked legal question!!! [Re: don k] #7582354 08/17/19 07:37 PM
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Originally Posted by don k
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.


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Re: Landlocked legal question!!! [Re: Koenig] #7582370 08/17/19 08:02 PM
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Re: Landlocked legal question!!! [Re: dogcatcher] #7582489 08/17/19 11:12 PM
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Originally Posted by dogcatcher
Originally Posted by don k
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.

Re: Landlocked legal question!!! [Re: don k] #7582542 08/17/19 11:57 PM
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Originally Posted by don k
Originally Posted by dogcatcher
Originally Posted by don k
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



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Re: Landlocked legal question!!! [Re: txtrophy85] #7583560 08/19/19 01:06 PM
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Originally Posted by txtrophy85
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

Re: Landlocked legal question!!! [Re: Koenig] #7583611 08/19/19 02:13 PM
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Re: Landlocked legal question!!! [Re: Koenig] #7583637 08/19/19 02:36 PM
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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.


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Re: Landlocked legal question!!! [Re: Koenig] #7583730 08/19/19 03:46 PM
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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.

Re: Landlocked legal question!!! [Re: Koenig] #7583819 08/19/19 05:10 PM
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I looked seriously in buying some land locked property from the Texas land commission. Here is a site that offers the legal opportunities to access.
https://agrilife.org/texasaglaw/201...n-i-access-landlocked-property-in-texas/

Last edited by Flashprism; 08/19/19 05:10 PM.
Re: Landlocked legal question!!! [Re: Koenig] #7583855 08/19/19 05:36 PM
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Last edited by Bass&More; 08/19/19 05:37 PM.
Re: Landlocked legal question!!! [Re: Mr. T.] #7584234 08/20/19 01:20 AM
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Originally Posted by Mr. T.
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




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Re: Landlocked legal question!!! [Re: txtrophy85] #7584248 08/20/19 01:39 AM
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Originally Posted by txtrophy85
Originally Posted by Mr. T.
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"... clap


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Re: Landlocked legal question!!! [Re: Koenig] #7584265 08/20/19 01:59 AM
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Why on earth would somebody buy "land locked" property? What's the advantage?


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Re: Landlocked legal question!!! [Re: The Dude Abides] #7584319 08/20/19 03:09 AM
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Originally Posted by TXGUNNER308
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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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.

Re: Landlocked legal question!!! [Re: Koenig] #7584523 08/20/19 01:45 PM
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Re: Landlocked legal question!!! [Re: Wytex] #7584583 08/20/19 02:47 PM
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Originally Posted by Wytex
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


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Re: Landlocked legal question!!! [Re: TurkeyHunter] #7584585 08/20/19 02:49 PM
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Originally Posted by TurkeyHunter
Originally Posted by TXGUNNER308
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.


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Re: Landlocked legal question!!! [Re: txtrophy85] #7584616 08/20/19 03:32 PM
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Originally Posted by txtrophy85
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? nidea

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.


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Re: Landlocked legal question!!! [Re: JRayD2] #7584624 08/20/19 03:37 PM
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Originally Posted by JRayD2


All the things I wanted to say while reading through some of these answers but just didn't have the time. up

Re: Landlocked legal question!!! [Re: Koenig] #7585361 08/21/19 01:46 PM
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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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