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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111480
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have an easement which is a driveway to my property in Texas.

Customer Question

I have an easement which is a driveway to my property in Texas. I bought the property from the seller who subdivided their lot and because their lot would have been landlocked they had to keep access to the public road so we each own part of the driveway. It is our only access to out home. The sellers have an adjacent lot which has another access and they rarely use the shared access. That property recently sold how does that affect out access easement?
Thank you!!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your right to access your property does not change because an adjacent lot changed ownership. The easement you have travels with the land, meaning it stays with the deed, so as long as you require access because your property is landlocked, you retain easement rights whether the property sells or not.
Customer: replied 1 year ago.
The title company researched and said they could not find record of the access easement :-/ we have copies of it and the survey but are worried now that new owners could be difficult ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you have copies of the easement and survey, that is what is required. If the new owners refuse to recognize it, then with the proof you have in your possession you would be able to file in court and get the court to order the easement to be put in place and recorded.
Customer: replied 1 year ago.
If we sell will that automatically convey with our property as well!
Thank you soooo much!
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, if you sell, any easement granted would stay with the land and would transfer with it upon sale.

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