kenny thomas
Well-known member
Maybe most in your area. Some areas they can't even tell you who owns the land if you visit the office. Not a lot of records online here yet. If you get more than a map with a name you must pay for a subscription
Legal rights of ways question
- Thread starter Lisagrantb
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greybeard
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Kinda like that in my county too Kenny. Privacy rights are more important than public's need to know who owns what, tho you can, thru the Central Appraisal District's website, look up a LOT of property tax info without any subscription if you know the owner's name or the property ID#.
In 2006, I went to the appraisal district and the tax office to get a copy of a survey on this land and they printed me off a huge copy of it and all the surrounding properties for a couple of $. Probably included 15 different properties if not more. Now tho, you can only get a small copy and only of your own property and partial of those immediately adjoining your own land.
A survey copy of a parcel I sold a few years ago, shows a deeded easement. The title company held up closing about a week to make sure the egress/ingress easement was on the deed as well as it being a powerline easement as per written agreement with all previous owners. That easement is my emergency way out if my other road in the opposite direction is closed.
In layman's terms easements explained:
tscra.org
You can no longer transfer property in Texas if it landlocks someone in.
In 2006, I went to the appraisal district and the tax office to get a copy of a survey on this land and they printed me off a huge copy of it and all the surrounding properties for a couple of $. Probably included 15 different properties if not more. Now tho, you can only get a small copy and only of your own property and partial of those immediately adjoining your own land.
A survey copy of a parcel I sold a few years ago, shows a deeded easement. The title company held up closing about a week to make sure the egress/ingress easement was on the deed as well as it being a powerline easement as per written agreement with all previous owners. That easement is my emergency way out if my other road in the opposite direction is closed.
In layman's terms easements explained:
Accessing Landlocked - Texas and Southwestern Cattle Raisers Association
Despite many people thinking that landowners always have an automatic right to access their landlocked property, under Texas law, tha's not always the case.
tscra.org
You can no longer transfer property in Texas if it landlocks someone in.
bird dog
Well-known member
When I sold my last farm the easement on to the property was a real mess. I was told it was done in the early 70's on a handshake agreement. It was fenced on both sides with different property owners and was about 3/4 of mile long. It actually went to two different properties. The original house on the land locked property was split off along with about 15 acres for the original owner to live out his life.
I didn't get a survey when I bought it but I new the acreage count was pretty close but like a lot of these old farms, the fences were put up as close to the property lines as could be done conveniently. In some places, you lost some land, in others you gained.
When I went to sale, the buyer insisted on a survey. The land came out within a couple acres of what it was suppose to but the survey company could not find any record of the driveway and whether it was owned by someone or an easement. The appraisal district didn't have it on their records. I went back to the title company that certified the land when I bought it to get things straightened out.
It was owned by a lawyer and he screwed around with it for a couple weeks with no progress. After a couple weeks of no one returning my phone calls I emailed the title insurer and explained my problem and also let them know that my lawyer would be contacting them and request funds for delaying the sale. That got everyones attention and the lawyer/title company started the process to get this land included in the sale and a tile for it included. I had to get signatures from the owners on both sides as well as the daughter of the old man that originally had it stating that their was no claims on the property and it was assigned to the original owner sometime in the past.
It cost me a few thousand buck to get this all settled but since the buyer was paying by the acre based on the survey, he ended up paying a lot of the costs.
Strangely enough, there were two bordering small tracts along the creek that also had no known ownership.
I didn't get a survey when I bought it but I new the acreage count was pretty close but like a lot of these old farms, the fences were put up as close to the property lines as could be done conveniently. In some places, you lost some land, in others you gained.
When I went to sale, the buyer insisted on a survey. The land came out within a couple acres of what it was suppose to but the survey company could not find any record of the driveway and whether it was owned by someone or an easement. The appraisal district didn't have it on their records. I went back to the title company that certified the land when I bought it to get things straightened out.
It was owned by a lawyer and he screwed around with it for a couple weeks with no progress. After a couple weeks of no one returning my phone calls I emailed the title insurer and explained my problem and also let them know that my lawyer would be contacting them and request funds for delaying the sale. That got everyones attention and the lawyer/title company started the process to get this land included in the sale and a tile for it included. I had to get signatures from the owners on both sides as well as the daughter of the old man that originally had it stating that their was no claims on the property and it was assigned to the original owner sometime in the past.
It cost me a few thousand buck to get this all settled but since the buyer was paying by the acre based on the survey, he ended up paying a lot of the costs.
Strangely enough, there were two bordering small tracts along the creek that also had no known ownership.
You are correct. Even though Deeds are "Public Records" only one county is online in VA. Only about 5 in KY. Almost half are in TN
(Source :Titlesearcher.com ) that site only covers 6 Southern States about $2.50 per deed. I do know that most of GA is online)
Lisagrantb
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Update with good and bad news. The farmer stopped me the other day when I was going into another pasture and informed me that the road he was using that's on our property is a public road and he has the right to use it and that fence and gate that he pulled up is on his property and he could pull up the entire fence if he wanted and let my cattle out this evening. I said the road was private and if he wanted to pull the fence up then to get after it. I knew he wasn't going to just pull a fence up with cattle in the pasture. Friday my wife that use to do this for a bank many years ago went to the clerks and assessors offices to look for any easement agreement and the property line. Good news is there are no easements on record and we got a letter from the parish road department that states that the road in question is not a public road. The bad news is that if you overlay an aerial photo on top of the property line it appears to be about 20' difference in the two. Since that fence has been there for as long as anyone can remember and it's always been observed as the property line we are going to peruse adverse possession on that 20'. I really wouldn't worry about the 20' but the problem is that I have an irrigation flume that runs Parallel to the fence and it's only about 15' away. We have a meeting tomorrow with a land attorney to talk about what we can and can't do. Right now we are just laying low and not preventing the farmer from using the road until we hear from the lawyer.
kenny thomas
Well-known member
I wouldn't put a lot of faith in a map overlay. If in question get a survey. He will have to help pay for it if he is objecting to the fence.
I hate to even get started on this topic.
All I will say is... if you own land and dont have a good lawyer... you are an easy target.
The most realistic thing about the show Yellowstone is if you own land... every one wants it. The govt, you neighbors, developers, maybe family, utilities, O&G companies, solar, wind, and who knows all else. You will spend you whole life like a momma cow trying to keep the vultures away for your baby calf.
All I will say is... if you own land and dont have a good lawyer... you are an easy target.
The most realistic thing about the show Yellowstone is if you own land... every one wants it. The govt, you neighbors, developers, maybe family, utilities, O&G companies, solar, wind, and who knows all else. You will spend you whole life like a momma cow trying to keep the vultures away for your baby calf.
Last edited:
Caustic Burno
Well-known member
Plenty of landlocked tracts in this county.Kinda like that in my county too Kenny. Privacy rights are more important than public's need to know who owns what, tho you can, thru the Central Appraisal District's website, look up a LOT of property tax info without any subscription if you know the owner's name or the property ID#.
In 2006, I went to the appraisal district and the tax office to get a copy of a survey on this land and they printed me off a huge copy of it and all the surrounding properties for a couple of $. Probably included 15 different properties if not more. Now tho, you can only get a small copy and only of your own property and partial of those immediately adjoining your own land.
A survey copy of a parcel I sold a few years ago, shows a deeded easement. The title company held up closing about a week to make sure the egress/ingress easement was on the deed as well as it being a powerline easement as per written agreement with all previous owners. That easement is my emergency way out if my other road in the opposite direction is closed.
In layman's terms easements explained:
Accessing Landlocked - Texas and Southwestern Cattle Raisers Association
Despite many people thinking that landowners always have an automatic right to access their landlocked property, under Texas law, tha's not always the case.
You can no longer transfer property in Texas if it landlocks someone in.
Listen to the attorney. In the meantime ask the attorney to send the A$$ a letter and tell him that until this is cleared up, that he is not allowed to use the roadway and that he will be held responsible for any damage he causes in the interim and up to this date (make sure to document with pictures and dates the damage he is causing even if it is a bent blade of grass). A game camera is always handy to document.
wbvs58
Well-known member
I had a situation a couple of years ago where I wanted to reclaim 25 acres of my land that was fenced well inside my boundary. I got a surveyor to find the old survey marks and repeg it, the existing fenceline dated back to the mid 1800's. The surveyor told me that because the title was of the "Torren's" type that long term use of the land by the owners would have no bearing on me reclaiming it.
Our land titles are based on British law so may not be the case there. We do have some type of title that use of land over time it can become yours as well.
Ken
Our land titles are based on British law so may not be the case there. We do have some type of title that use of land over time it can become yours as well.
Ken
Caustic Burno
Well-known member
I have Warranty Deeds .Warranty deeds refer back to six types of British law. I can't remember all the reference.
Need a survey from a good surveyor, not the cheapest. Call a couple of surveyors to get their opinion. These kind of issues can get very expensive, but money spent to be on the winning side may be worth it.
Don't know what kind of overlay is mentioned, but if it's from the tax office around here, should be taken with a grain of salt (certainty not the basis for adverse possession). If the lawyer doesn't recommend getting a survey from a reputable surveyor, I'd get another lawyer.
Don't know what kind of overlay is mentioned, but if it's from the tax office around here, should be taken with a grain of salt (certainty not the basis for adverse possession). If the lawyer doesn't recommend getting a survey from a reputable surveyor, I'd get another lawyer.
don't fly. I'd beat his 
Jeanne - Simme Valley
Well-known member
How are things working out?? any new info?
Lisagrantb
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Yea. I found the 2 corner markets and it puts the fence on their property by about 10'. Attorney says that we really have an excellent case with the fence being the boundary since it's been observed by two previous landowners beside the current one as the boundary line. We're not going to initiate the filing unless they try to get the fence moved. There are no easements written or verbal so we have notified the farmer that he is not allowed on our property. I think his attorney father advised him to not push it because he has been working on his access road. The fun never ends with this guy. Even when it's not directly his fault it is his fault. The plane he used to spray roundup on his beans killed about 10 acres of sorghum that was planted in a pond that we lease to duck hunters. Paying for the loss of crop is one thing but it's too late to replant and I'm not sure how it will affect duck season.
Caustic Burno
Well-known member
Adverse possession is hard to win in Texas.
I would make you pay for the land in attorney fees before I let you steal it.
Survey marks the property line in Texas not fence.
You better go down to the CAD if you're not paying taxes on it and he is, you don't have a leg to stand on.
Lisagrantb
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Well the best land attorney said they don't have a case and it wasn't adverse possession he referred to it was the use of the land and who maintained it. It boiled down to the line wouldn't change from a legal standpoint but he couldn't force me from using it as I have been. He gave an example of a person building a shop with the back portion across on someone else's property. After a certain time they can't come and tell me that I have to move my building but the property does not revert to me. My father-in-law built that fence in the 70s when it was all his property, he sold the back property in the 80s and it's been through 3 different owners and no one has ever observed any other boundary. The attorney also said we could press charges and collect damages from the farmer for destruction of property but I'm not going to do that.
and let him know who's boss. 
Be sure to get it on video for us. Bahahahahaha just playing.
Caustic Burno
Well-known member
You're trying to take the moral high ground here and you don't have it.
You sold the property and you are trying to steal it back plain and simple.
Three things will make a man break every commandment a woman, land deed and a dollar.
I would go to my grave fighting you if I had a legal deed and survey.
It's not like you don't know the land was sold as you give the date.
That's where we differ never wanted something that didn't belong to me or I didn't earn that's called envy around here.
