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How can I revoke an easement right of way that runs through

 

Customer Question

How can I revoke an easement right of way that runs through my property? Or can I put up a fence at the other property owners expense since they keep treaspassing?

 

Optional Information:
Texas

Already Tried:
Nothing we just purchased the rural property 1 1/2 years ago. It's a weekend get away and the easement road gives them full access to my cabin and all the property. I have caught them off the easement several times now and don't know what my leagla rights are.

Submitted: 1400 days and 19 hours ago.
Category: Real Estate Law
Value: $20
Status: CLOSED
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Expert:  FiveStarLaw replied 1400 days and 19 hours ago.

Hello,

Typically a property owner cannot obstruct an Easement right of way. The ROW gives the holder the right to access. The easement can be extinguished by agreement. It can also be extinguished by abandonment of the easement or cessation of the purpose of the easement.

I hope that the information which I provided was helpful to you. However, if I have not fully answered your question, please post me back on this thread with a clarification.

Customer replied 1400 days and 19 hours ago.

None of those thing are going to happen, so what can I do to protect myself as the property owner? Trespassing off the easement is illegal.

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Expert:  FiveStarLaw replied 1400 days and 19 hours ago.

Hello,

You can fence in the property to prevent straying off the easement.

Customer replied 1400 days and 19 hours ago.

At their expense?

Customer replied 1400 days and 19 hours ago.

I din't get your last answer?

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Expert:  FiveStarLaw replied 1400 days and 19 hours ago.

Hello,

No - at your expense.

Customer replied 1400 days and 19 hours ago.

So Trespassing laws don't protect the property owners?

Customer replied 1400 days and 19 hours ago.

Didn't receive your last answer again.

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Expert:  FiveStarLaw replied 1400 days and 19 hours ago.

Hello,

This is not a live chat. It takes time for me to receive your answer and respond.

If they cause damage you can file an action to recover the damage that resulted as a result of their trespass.

Customer replied 1400 days and 19 hours ago.

What if they get shot as we're in our blind hunting and they are entering the property? The property is very small and a bullet could reach the easement road. And they're driving in affects our hunting, can we set restrictions?

Accepted Answer

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Expert:  FiveStarLaw replied 1400 days and 19 hours ago.

Hello,

If your bullet can reach the easement road, it would constitute criminal negligence for you to shoot in that direction. If they have an easement, they can use the easement subject to only the restrictions set forth in the easement.

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 97.9 %
Accepts: 6884
Answered: 6/8/2009

Experience: 25 years of experience helping people like you.

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