Been accessing our 104 acres for around 30 years. Road used to deadend into our fence, until a small subdivision caused the county to redirect the road around 15 years ago. About 10 years ago, someone bought the property which included our access road ( acutally more like a driveway entrance). Had some trees thinned, and now the Property owners are harrassing us about our access.

I was wondering about what it takes to have the courts give legal access. Any ideas on procedure, and possible cost? We have offered to purchase a small access spot on the very edge of their property which equates to about a 10' x 12' area in which they don't use or take care of, but they are asking the price of an acre of land. I think I can take them to court, and keep my right of way that cheep. Any comments?

first off, state law requires access to your property- but- you may have to play by some of the rules-
if your access is spelled out on your deed and the deeds of all the other owners of the right of way that touches yours- you should be able to work it out. if not, it could be very hard or very expensive...
send a pm to austinmark

Kody's right. I have a few acres that was willed to us that I cant even get to. The landowners around it are turds. The lawyers I used said I do have a right to access it, just depends on where I want to enforce it. The cost to get access is higher than the cost of the land so I said forget it. You need to check the deed beause if there is a written or implied easement, it wont be hard to enforce it. Unfortunatly for me our deed had nothing. Sadly Texas is one of the few states that does allow land to change ownership with out am easement. Austin Mark helped me awhile back on this.

You say the county "redirected" this road? Is the county maintaining it? If not, and you can't turn up an easement, you can Google "adverse possession" to get a taste of what may be involved. Was it trimming the trees that caused the neighbors to become unfriendly?

check to see if your grandfathered, if you had been using it and the conditions changed without you doing it you are probably grandfathered.

duff is correct. If you cannot establish an easement in fact or by necessity, you will be down to a matter of adverse possession. There is a time frame during which your use must have been open and notorious, then you acquire a right to use that access. It might well be time to contact a real property attorney and file an action to establish that right. (quiet title).

If your access point is the only access to your property, then you should have an easement by necessity. All of the easements I have done have been friendly transactions and for public entities, so should they be hostile, I am not exactly sure what you would need to do to establish your easement. It might be cheaper simply to negotiate with them rather than hiring a property attorney.

My only experience with these situations has come from the insurer standpoint on behalf of local governments. They frequently come to a head when the hostile landowner throws a fence or barrier across the road. I do know this: these disputes are a highly effecive way of burning though bucks, if you have a lot of them laying around that you don't know what to do with.

Thanks for the input, I have not read the deed. I will research it the next time I can get to Lufkin during the week.

Here is a crude drawing of my situation. Road used to dead end into my gate. County redirected road to the south.
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We have offered to purchase the area in blue which is .057 of an acre, based on $7000./acre(thats $400.00). Plus all closing cost, fileings, etc. They want $2500.00. I think I can get a legal easement cheaper than that.

What do you guys think?

Ok, that makes it a lot clearer. I assume the county has abandoned the section of the road you are now using for a driveway. I would think that, were you to add the time this "driveway" was being maintained by the county to the time you've since been using it for access, that would bring you within the 20 or 30 years (varies by jurisdiction) of "open and notorious use" you need to show for "easement by prescription." On the other hand, I'm not a lawyer, so what do I know. Well, I do know this: $2,500 won't take you far down the path of litigation. Sure they won't take $1,500?

You know, I think I would try to talk to the county attorney or, failing this, my councilman about the situation. Doesn't seem right that they could just up and leave you landlocked like this.

This might be a little easier then you think.

The reason is, if the County choose to move the road and abandon that particular section, for whatever reason it will be of record in the commissioner court minute records.

Goto the courthouse, ask one of the people working there and ask them where the minute records are, a lot of times it will state in the record that they changed the road, however the landowners who were using the road previous to it being abandon still have full right to use the road, to access their property.

You will need to know some time frame of when the road was changed up, if you dont know, then find the Road and Bridge dept for that precinct and go and ask them. It will give you a starting point on where to look in the court records.

If in fact it stated in the minute records, simply make a copy of it and present that to the landowner that is giving you troubles, and then there wont be anymore argument. They will have no leg to stand on, if they continue to cause you problems, contact the locals Sheriffs office, explain your situation to them, make sure you have a copy of the records from the courthouse and they will put a stop to the harassement.

If you have any questions, shoot me a pm, I have a lot of experience with this particular situation.

So perhaps what you really have here is a fork in a county road, not a county road with a private drive coming off it. I think Rick's right. I seem to recall, vaguely, that "abandonment" of a county road, withdrawing it from the county road system, requires a formal act on the part of the council. Maybe you can even get them to maintain it for you, heh.

Forget what I said about trying to get some information from the county attorney. Unlike city attorneys, county attorneys are usually in private practice, appointed by the county to address matters submitted to them by the Board of Supervisors.