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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102601
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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This is an easement question, in Texas. I have some rural

Customer Question

This is an easement question, in Texas. I have some rural property that requires passing through another property owners property to gain access. I got an easement and have been passing through the other property for ten years now. My asement was recorded at the county courthouse as well. I mentioned I may sell my property to the attorney that wrote up the easement. He said that any buyer would not have an easement, that the easement I had was only for me and not for the property. If I sell will a new owner have an easement? Or in other words is it against (public policy) the law to landlock property in Texas?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ely replied 11 months ago.

Hello and welcome 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. By continuing, you confirm that you understand and agree to these terms.

Normally, an easement runs with the land, meaning it is passed on to the buyer.

The exception to this is if the easement is particularly worded so as to terminate if the property is conveyed to someone else. If this is the case, the easement would then be terminated.

But even if this was the case, the new owner could still get an easement - a landlocked property is generally against public policy. The new owner would then likely be able to get an easement by necessity from the Court if there was truly no other way to enter the property. If so, the Court would rule on a least obtrusive way for ingress/egress.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!