Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I wanted to know who is responsible to enforce maintenance

on a drainage easement in...
i wanted to know who is responsible to enforce maintenance on a drainage easement in Bexar County?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sorry, Texas
JA: Has any paperwork been filed?
Customer: No, I am supposed to meet the city administrator and the landowner (next door neighbor) of the property where the easement is.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just need to know who enforces the maintenance.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
11/17/2017
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,444
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Ask Your Own Real Estate Law Question

Can you give some context? Is this a private property easement (so both the dominate and servient estates are private property)?

Ask Your Own Real Estate Law Question
Customer reply replied 24 days ago
There is a drainage easement on the side of my property which is on my neighbors property. I need to know which entity is responsible to determine what the proper maintenance is to ensure proper drainage (we flooded 4 years ago) and who enforces the maintenance of said easement?
Customer reply replied 24 days ago
At this time I only need to know what the Bexar County Texas statue is. This is for my residence.

Thanks

There is NO county statute. This is a state law issue

TX law provides the following:

The easement holder must maintain the easement and the owner of the servient estate must not interfere with the dominant estate

THe case can be seen here

https://www.leagle.com/decision/19901510788sw2d72211404

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,444
Experience: 12+ yrs. of experience including real estate law.
Verified
P. Simmons and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Phone call session started
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,444
35,444 Satisfied Customers
Experience: 12+ yrs. of experience including real estate law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,052 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,763 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,532 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,918 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My neighbor has a non-exclusive easement on a road that is
My neighbor has a non-exclusive easement on a road that is on my property in order to get in and out of his property. Years ago he asked me the permission to erect a gate at the entrance so to protect… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,918 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,059 satisfied customers
We have a shared easement in CA. The neighbor had water main
We have a shared easement in CA. The neighbor had water main work done on his line and the company damaged not only our water main line but, the asphalt alongside the trench they dug for the replaceme… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,963 satisfied customers
Wanting to get information about an easement for my neighbor
wanting to get information about an easement for my neighbor and I installing a water line for both of us, Deschutes County Oregon … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,089 satisfied customers
My real estate agent and i completed a real estate
my real estate agent and i completed a real estate transaction back in November of 2007. there has been a problem with the transaction and i would like to take her to small claims court. however, i wa… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I own a non-exclusive Ingress egress easement. My neighbor
I own a non-exclusive Ingress egress easement. My neighbor constantly Parks his trailer on the easement. He also Parks cars on the easement. I'm wondering if this is legal? I don't want to be responsi… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
I have a real estate question. NC. About an easement
I have a real estate question JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: NC JA: Has any paperwork been filed? Customer: No JA: Anything el… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,325 satisfied customers
A neighbor filed a complaint against be about easement
a neighbor filed a complaint against be about easement access with the homeowners assoc. in the complaint she proposes a bylaw against intimidation etc. she is implying that i threatened her. is that … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,165 satisfied customers
Can I build on an lake maintenance easement? Florida, In the
Can I build on an lake maintenance easement? JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: Florida JA: Has any paperwork been filed? Customer… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
MY septic filed is on an easement for my neighbor. Surface
MY septic filed is on an easement for my neighbor. Surface water runoff (from his propeerty) is eroding the cover dirt ..am I responsible for this ? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,819 satisfied customers
I have an easement question- Our neighbors have an easement
I have an easement question- Our neighbors have an easement over our property for road access. they use it to go to their campground behind us. Can they drive unregistered vehicles on our property (th… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,918 satisfied customers
There is a 20 ft. drainage easement between my property and
Good evening. There is a 20 ft. drainage easement between my property and the neighbor behind me. He has built a wire fence on the easement denying me access to my main water valve. Is this legal? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
Can a neighbor and I sue for prescriptive easement in small
Can a neighbor and I sue for prescriptive easement in small claims court? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,963 satisfied customers
Our neighbors have an easement to our driveway to access
Our neighbors have an easement to our driveway to access their back yard. Now they want to build a garage back there. Do we have any rights when it comes to all the heavy equipment using our driveway?… read more
LegalGems
LegalGems
Juris Doctorate
10,370 satisfied customers
Real estate law: Statute limitation on easement in
Real estate law: Statute limitation on easement in California: Previous owner granted Easement to next door neighbor In 1985. I bought this lot in 1999. Is there statute limitation which and the easem… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Seeking a real estate attorney in RE: Property Easements. My
Seeking a real estate attorney in Washington RE: Property Easements. My neighbors are asking me to sign a legal document, well utility company is technically, for a easement and right of way before th… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers
I own land in Charleston, SC that is a servient estate. The
I own land in Charleston, SC that is a servient estate. The dominant estate holder is SCE&G (electric and gas company). I believe the company is imposing an unreasonable burden on our use of our prope… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers
I am an easement holder on two separate servient estates.
I am an easement holder on two separate servient estates. The servient estates are refusing us any use of the easement other than ingress/egress. They originally allowed us to leave our Kayaks along t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x