I once had a person call me and ask, “Is it legal for me shot anyone who trespasses on my land?” Even in Texas the answer to this one is still going to be “maybe.”
We live in a free society, but that does not mean we are “free” to do as we please or even free from our obligations to each other. As such, we may owe someone access to our land even though we own that land. This access may exist in the form of an EASEMENT.
The term EASEMENT is defined as “a right to cross or otherwise use someone else’s land for a specified purpose.” The most common easements have to do with utility lines. Physical equipment for certain utilities sometimes runs through or is situated on private property. For utility companies to access that equipment, the deeds of the people who own that land will commonly be subject to certain utility easements, allowing utility companies access to private property.
Be definition, access to property by way of an EASEMENT is not a trespass. A company or individual with a “right” to enter property cannot generally be judged to have trespassed on that property. Nor can these companies or individuals be excluded from the property.
Other easements might involve the rights of neighboring owners to access their own property through, for example, a common road, which lies on your property. “There is no recorded easement on any deed, so, if I can’t shoot them, can I at least put up a fence to keep them off my road?”
Again, the answer may shock you. “Maybe.” An easement can also be created by necessity, even if nothing appears on any deed. A landlocked neighbor may have no other path to his land other than a common road.
Do you have a question about an EASEMENT? Give us a call at (832) 35-7694.