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My neighbor has a 14 inch easement along the my east

My neighbor has a...

My neighbor has a 14 inch easement along the my east property line.His driveway was mistakenly poured over the property line during construction so the developer solved the problem by granting this easement.The conditions are: "The easement,rights,and privileges granted herein are to continue as long as said parcel is used for driveway purposes." It appears obvious to me that the neighbor has violated the one and only condition of the easement. Can I now terminate the easement?

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

Texas

Lawyer's Assistant: Has anything been filed or reported?

NO

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

It appears the neighbor is building some type of extension to his house,i.e. this is not a temporary structure. Also, the neighbor does not own the property. He claims he does but he could not get the financing. His daughter and son-in-law created a"straw" mortgage and fraudulantly got a mortgage on the property. They claim if as an owner/occupied homestead even though they have never lived there.

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Answered in 1 minute by:
1/17/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,962
Experience: Just Answer consultant at Self employed
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to be clear the developer granted the easement and now the purpose for which it was granted has been abandoned and they are building a permanent structure on the easement?
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,962
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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.

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