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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116215
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I bought a mobile home park in 2007, the park had two ways

Customer Question

I bought a mobile home park in 2007, the park had two ways to enter and leave. One was a easement issued by the electric company that allowed us to remove trailers over 3 acres to another street. The utility put the property up for sale and a church abutting my property and the utility property bought the land for $100,000 per acre. the land was paved for a parking lot and the city required a wall to be built which blocked our exit, The result is in 2007 my property was appraised by an appraiser for the bank who holds the loan at 1.2 million, now the property is appraised for less than half that number. I don't know where this should be sent. The state is texas
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 1 year ago.

Was the easement from the electric company granted to you in writing allowing for your ingress and egress?

Expert:  RONB-ESQ replied 1 year ago.

When did all of this happen? When was the sale and when was the wall built?

Expert:  RONB-ESQ replied 1 year ago.

I thought I would give you a heads up that I will be logging off in about 15 minutes. I will be back online about 1:00 PM CST tomorrow and can respond to anything you post at that time if you don't reply here in the next few minutes.

If you can answer the above question it will help me give you a more specific answer. I would also be curious to know if the City was aware of the easement and has the City tried at any time to get you to move or to zone you out so you have to leave over time? I have seen this a few times once cities move in around a mobile home park then they start doing things to push them out. Let me know if you have seen any such actions from the City.

Ron

Customer: replied 1 year ago.
The easement is mentioned in some paperwork written by the electric co. The actual sale of the land and wall was in 2011. Don't know if the city was aware, they ordered the church to put up the wall for potential flooding. Nothing to push us out
Expert:  RONB-ESQ replied 1 year ago.

I am unexpectedly going to be away for a few hours so I will opt out of this question so current experts can assist you. Please do not reply until a new expert signs on as that will delay things. Best wishes. Ron

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.
If you had a written easement granted in the paperwork from the electric company, but they did not file it with the deed on the property, then your recourse here is you have to file suit in court for a boundary dispute over the "prescriptive easement" and written easement you have been granted, since the wall would impair that easement. Even though the easement was not recorded, the easement still goes with the land and you need to seek to get the court to enforce it. The reason I mentioned prescriptive easement is because even if the court finds the written easement not enforceable against the church, you can still argued through the continued use of the easement you developed rights and the wall is impeding those rights. Unfortunately though, this means you need to get a local attorney and will have to file suit in court to get the court to order some recourse for you to continue to use the easement rights granted by the predecessor in title to the other land.