A little issue with a shared driveway

Discussion in 'Community Discussion' started by jaspernsalem, Sep 19, 2008.

  1. jaspernsalem macrumors newbie

    Sep 19, 2008
    Hey guys this is the issue, last year we purchased some land in the country in Texas, it used to be farming land then was sold into lots. We purchased the land a little over a year ago, the neighbors have had theirs a little over 2 years. Im trying to get a house put out there. And Im pretty sure they may be putting up a fence. Is there such thing as no other entry to the land that they have to let you use the driveway, (the driveway seperates the two lands, we are on the right, and they are on the left) we were cool with them in the beginning but they have since turned into a donkeys butt. And have told us in the past that is was ok to use it. But Im pretty sure there is some law that says unless you have access to your land by another means, they have to let you use it.

    Any help would be wonderful.

    Thanks :D
  2. GoCubsGo macrumors Nehalem


    Feb 19, 2005
    First, I'll say it here. Call the city and talk to them.

    However, I've dealt with this and from what I understand you may have to apply for an easement to gain vehicular access across the common land or in this case, your neighbor's land. Did you pay cash for the land? I'll be surprised if you financed it because where I come from the #1 thing you need to ensure before drawing a note to a piece of land is to ensure there is access to such land. Otherwise, your investment is basically worthless and the bank's loan is equally worthless.

    It is best to visit the city parcel planning office first thing Monday though.
  3. nhcowboy1 macrumors 6502

    Feb 5, 2008
    The simple answer is that if there has historically been access to the land via the neighbor's property (for example, from a time when the two properties were commonly owned), then there would usually be an easement in the front property (that means a right to passage across a certain part of the property) to allow the owners of the back property a way to get there.

    If the property was recently subdivided, there must be some means of access to the back property. Subdivisions have to be approved by the local town - and there's no way a subdivision would be approved if it included inaccessible lots.

    All that having been said - is it possible to sell a lot which is completely inaccessible? Perhaps . . . if you can find a buyer!

    You need to look at your deed. If you don't have it, check with the local registrar of deeds. Any rights you have should be spelled out in there.

    Good luck!
  4. localoid macrumors 68020


    Feb 20, 2007
    America's Third World
    This except from the book, Modern Real Estate Practice in Texas, might be helpful...
  5. Gray-Wolf macrumors 68030


    Apr 19, 2008
    Pandora, Home Tree
    The drive way can be set apart from either pieces of land, as right of access. Check the local legals though.
  6. jaspernsalem thread starter macrumors newbie

    Sep 19, 2008

    Thank you so much, this is really going to come in help if anything is said. thanks again

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