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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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In order to answer this question you will have to be very

Customer Question

In order to answer this question you will have to be very familiar with the Texas Transportation Code and how it relates to dedicated private roads in the county.On or about December 19th, 1980 Cecil Mills, President of Plains Motel, Inc. executed a Warranty Deed with Vendor’s Lien for the sale of several tracts of land in Montague County Texas to Brown Investment Corporation, a Texas Corporation, Dallas, Texas. Such document was filed for record January 9, 1981 with Montague County, Texas.Brown Investment Corporation (“Brown”), developed the land along what is now known as “Indian School Road” dividing it into tracts of land ranging from approximately 15 acres to 43 acres (approximately ___ acres in the development) and marketed the land for sale in what would appear to be the Dallas, Fort Worth area (as most primary owners appeared to be from that area). Possibly known as “Old West Ranch” in years past.On March 9th, 1987 Brown dedicated the land now known as Indian School Road to the County of Montague, Texas for the purpose of establishing and/or maintaining a roadway for public use. This dedication was filed for record on March 11, 1987 with Montague County, Texas. While Brown built the road giving access to all tracts of land for ingress, egress to all property owners and the public, the county never accepted the road as it supposedly was never brought to county standards although no county standards existed at the time nor were there any guidelines for developing and subdividing property within the county.We have two owners who have installed gates across the road and who don't own all of the lots on each side of the road behind the gates. The road does eventually dead end at the end of each road behind the gates. The two owners say that they have the permission of the other owners behind the locked gates. It is a dedicated public road, privately maintained and we don't believe that the owners of the gate and those behind have the right to block a public road.They following is a portion of a demand letter sent to one individual requesting that the gate he placed be removed. A similar letter was also sent to the other owner who built a gate and closed the road.All “Deeds” for the properties outline the following restrictions:“No mobile homes shall be placed on said property as a permanent residence and premises shall be kept neat and orderly without accumulation of trash or rubbish, including inoperative vehicles.SUBJECT TO any and all reservations, restrictions, easements and/or rights of way of record affecting the above described property.”A*****easement (the “Easement”) was given in favor of the County of Montague by instrument recorded in Volume 876, page 386, Deed Records, Montague County, Texas dated March 9th, 1987 and filed for record on March 11, 1987 at 12:46 pm and was given for the purpose of establishing and/or maintaining a roadway for public use. Public Road 350 (PR350) is fully described in Surveyors field notes attached to this filing as Exhibit “A”.Although the Easement has yet to be accepted by Montague County it has been open and used continuously by the public and property owners since its dedication for over 29 years. Property has changed owners over time but this Easement remains as it was given “a roadway for public use”. This Easement is addressed in the “Deed” and was in place almost 11 years prior to your purchase and has continued as a public roadway for the 18 years since your purchase.On or about April 2016 you took it upon yourself, without authority to do so, to construct a pipe fence (the “Fence”) across the entire 60 foot Easement blocking Public Road 350 (PR350). While you did install a gate, you have appointed yourself as gate keeper and keeper of the key thus providing adjoining owners (current and future) an unnecessary burden of reaching their properties for enjoyment or to check on livestock. You have created a burden on emergency services that may need access to such properties as was required about 7 years when the fire swept through here killing 2 of our neighbors. You have changed the landscape of the development as it was intended and to which surrounding property owners bought into because of the restrictions and public road easements that don’t exist in some areas of the county. You have denied the public access to the public road for which they have traveled down and enjoyed for the past 29 years without cause, reason or justification and for which you have no authority to do so.It is therefore demanded that you remove the “Fence” within 30 days of receipt of this letter. Should you choose not to remove the “Fence” within 30 days of receipt of this letter Legal action may be taken against you.Do you feel we have any grounds to pursue this and get the gates removed - Why or Why Not? I have read several Attorney General Opinions and feel that we do. But I am not a lawyer.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Maverick replied 4 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.