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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53976
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am the president of an HOA that consists of 10 lots with

Customer Question

I am the president of an HOA that consists of 10 lots with homes. At the time the subdivision was platted an equestrian easement was a part of that plat and the covenants allowed for homeowners to ride on that easement without restraint.
Recently a homeowner, and I suspect another homeowner following in his tracks, have refused to open their gates on the easement and allow riders.
What can I do to compel the people to comply?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Richard replied 2 months ago.

Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 2 months ago.

No owner can take, nor cause to be taken, any action that would deprive others, or interfere with others' enjoyment of, their easement rights. If, after you have provided written notice to the offending owners of the easement rights being hindered and the owners do not open their gates so as to not deprive you of the other owners of their easement rights, you would want to file suit against these offending owners. Interference with such an easement is a legal form of trespass. In that suit you will want to ask the judge to award both damages for the past deprivation of the full use of easement rights and an injunction prohibiting further interference with these easement rights. If they then violate the injunction and court order, they will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior.

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