property rights question.

[jwhisperj]

Earl, to answer you questions...
The land has been in the family since 1896. My inlaws still live on the place but have no animals, they lease it out. I just moved here with my husband and have animals. So I was noticing the problem more. I talked to my mother inlaw and she said that it drives her NUTS that people do this. I have a BIG mouth when I believe in something, she and all my inlaws are very passive people, I thought I would upset them by asking someone to stay on the trail. She was glad to have me speak up so that is why I asked what could be said.
It is not convenient to fence off the county road because it is right in front of the house, and my father inlaw wouldn't go for it.
As far as the access agreement goes he just has rights to the ONE road. He and no one else.

now that I have the ok to talk to the neighbors I will start with a "please stay on the roads and call in advance". I will take it farther if it continues. Like I said just wanted to know what I could say.

Thanks for all the great help guys.

 

[TheBullLady]

Ok.. before you do anything you'd better read your NEIGHBOR'S warranty or special warranty deed, which is filed at your county courthouse. When they bought their property, your family (in laws, whatever) had to give them an easement of some kind to get to their land. It will be in their deed.

It may be a specific easement, in other words, there is language in the deed saying "the existing road", or giving a measurement.. ie: 30' easement, or if the property was surveyed, it will be noted on a survey. If it's described, they cannot legally go off the prescribed area without your permission.

I have seen deeded easements here in Texas that are unfortunately very vague.. saying "ingress and egress easement through so and so property" but without specifics. This is not a good thing, as the trespassers can say since it isn't specified, they can get in and out the easiest way.. or go around a pot hole in the road, etc.

If you need help with language, send me a pm. But get the document before you do anything! Always best to have as much ammunition as possible.

It's also not a good thing that your family has been so lax in allowing them access previously. It's going to be hard for you to try and enforce it now, after them getting away with it for this long.

As far as moving your horses, that is just WRONG. I can't imagine anyone thinking that was okay.

Good luck!

 

[I luv herfrds]

Sounds like my inlaws too.

I bet the neighbors were just running rough shod over them, but being from the "be friendly" group they were not going to make a big fuss. Now they got a firecracker there who is not going to take no crap. Welcome to the Daughter In Law Firecracker Club. :lol:

 

[Earl Thigpen]

Earl, to answer you questions...
The land has been in the family since 1896. My inlaws still live on the place but have no animals, they lease it out. I just moved here with my husband and have animals. So I was noticing the problem more. I talked to my mother inlaw and she said that it drives her NUTS that people do this. I have a BIG mouth when I believe in something, she and all my inlaws are very passive people, I thought I would upset them by asking someone to stay on the trail. She was glad to have me speak up so that is why I asked what could be said.
It is not convenient to fence off the county road because it is right in front of the house, and my father inlaw wouldn't go for it.
As far as the access agreement goes he just has rights to the ONE road. He and no one else.

now that I have the ok to talk to the neighbors I will start with a "please stay on the roads and call in advance". I will take it farther if it continues. Like I said just wanted to know what I could say.

Thanks for all the great help guys.

Good for you!! People (some people) will push you as far as you will let them. It's a shame but that's just the way it is and you have to stand up for yourself. Let us know how it works out.

 

[SCRUBS620]

Watch out for that new initiative they are trying to force through with the hunting issue. :devil2: :devil2:
I'm a little peeved about that right now so that is why I'm a little abrupt tonight.

Not trying to steal this thread but I was hoping you could fill us in on this new hunting initiative.

 

[I luv herfrds]

scrubs go to the "Hunting" page. I got alot of it posted there.