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We inherited 70 acres of land from my Grandfather which has…

Customer Question
We inherited 70 acres...

We inherited 70 acres of land from my Grandfather which has no direct access from public road. In the Partition Deed when the land was conveyed to my Grandfather, it states "it is further expressly provided that this conveyance is made subject to the reservation by Grantors herein of a right of way and easement over and across the presently established roadway and passageway on the entirety of the above mentioned 566.7 acres for the purpose of ingress and egress to the tracts of land conveyed to each Grantor herein by Partition Deed of even date herewith. My question is with this statement on the Partition Deed can access be blocked from change of ownership on property that leads to your property? This particular property has been deeded in a trust to us and my brother is wanting to buy us out. However, he wants to make sure he doesn't have an easement (ingress or egress issue).

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has any paperwork been filed?

No, we don't have any paperwork. Other than a copy of the Partition Deed of when my Grandpa had it conveyed to him. The 70 acres was put into a Irrevocable Trust for beneficiaries and heirs. My brother is wanting to purchase the land from us (all other beneficiaries/heirs) but wants to make sure there are no easement issues. The property that has public road access is now owned by someone else and my brother is not sure if this owner can block him from getting to the property. Basically, we currently go 3 properties to get to ours. If my brother goes to bank to obtain a loan, he is worried about easement access since the property with access to public road is not one of the original children listed in the Partition Deed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I guess not

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 8 minutes by:
9/23/2017
Real Estate Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,589
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 8 months ago

If the easement is recorded within the deed as you state it passes to the buyer as well.So your brother would have such an easement.He may want to have title company verify the easement and that it passes to the buyer brother.A title company can verify this and give him piece of mind there are no other liens or issues present.This would not run more than say $200 , money well spent to do a title run and verify the easement is recorded and terms of it.I don't think it will be a problem but you want to verify with title company.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Ray, Lawyer
Category: Real Estate Law
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Experience: Texas Attorney for 30 years dealing in real estate

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