Land Without Easement
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FAQ
And, fortunately, you do have the right to gain access to your land. Texas law recognizes that all landowners must have access to their land. Since you do not have a way to reach your land, you can file a lawsuit and claim an implied easement or an easement by necessity.
Without written documentation of the legal right of access, landlocked landowners will be limited in their ability to sell the property and/or obtain a loan using the landlocked property as collateral. Title companies generally will not insure title to property that lacks legal access.
A parcel of land that does not have access to a public roadway and can only be accessed by crossing another's property. Owners of landlocked property may be able to gain street access through an easement.
The easement can be acquired through express grant made by inserting the clause of granting such a right in the deed of sale, mortgage or through any other form of transfer. This involves expressing by the grantor of his clear intention.
An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. For example - right of way, right to light , right to air etc.
