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County road easement

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Latest post Wed, Mar 28 2012 8:34 PM by Drew. 1 replies.
  • Wed, Mar 28 2012 4:39 PM

    County road easement

    I have abut 200 acres of Land. I county road and easement run along the north boundary of my land. The county abandoned about about 50 yards of the road and easement at the northwest corner of my land many years ago. My neighbor to the north along those 50 yards moved his fence to the middle of the easement about 10 years ago. I never moved my fence, it is still on the boundary of the old easement. So, a strip of land not totally fenced in, about 75yards long and 20 yards wide, has existed for over 15 years. Recently my neighbor on the west border of my land and adjacenet to the end of this strip of land, decided to put up a fence and locked gate top make this strip his land and a second entrance to his land (he has a primary entrance from a farm road on the south side of his property). The survey notes on my deed in several places refers to a stake in the road, so I believe that strip of land is my land and I have been paying taxes on it for many years. How can I find out if it is my land and force my neighbor to take his fence and gate down?

  • Wed, Mar 28 2012 8:34 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: County road easement

    You need to do some more legal homework --I don't know about TX but in general if an easement is vacated or abandoned  the use of the lands reverts to the original owners absent the easement--is short if your land went under an easement then it comes back out w/o the easement.

    However if your neighbor put up a fence and kept it there for 10 + years he may well have acquired that slice of your lands by adverse possession.

    You best study up and if somebody put up a fence on your lands  you need to very aggressively recover your lands or openly interrupt the  fence use if thats what it takes to stop the time clock  --snooze and you lose!

    The issues can get quirky and state specific --but do not snooze while your neighbor builds a fence on your lands.

    There may be other variations--like if the roadway was truly separate lands and the roadway was vacated it may be up for  a power grap as to who holds it long enough to acquire adverse possession  (some acquaintances of mine came out ahead by taking over to the exclusion of other some old railroad and street car beds. and in  one community the township sold off old roadways back to the middle of the road and if somebody balked then one guy could buy both sides---so before you assume too much you need a bit more homework and confirmation or where your soppoled proper  lines are by deed.


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