Texas Access Control Easement
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FAQ
Contrary to popular belief, there is no automatic right of access in Texas for private landowners with landlocked property to cross private land owned by another. Fortunately, there are a number of methods to consider in obtaining a legal right to access landlocked property.
As for how much of the land below your property you own, there's no real limit enforced by courts and there have been cases of people being prosecuted for trespassing on other people's property for digging even in the thousands of feet below the ground in the search for oil.
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
Landlocked parcels are typically the result of subdivisions or the division of a larger parcel of land into smaller parcels, which are sold off individually. Owners of a landlocked property can obtain an easement, which grants the right to cross over neighboring land to access the public road.
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.
An easement is a legal right to use someone else's land for public or private purposes. While many easement agreements are written into the property records, that is not always the case.
The property owner must still maintain those types of easements. The property owner will also be the party who must take responsibility if an accident occurs on the easement.
