Neighbor has been harassing us since mid-June. Multiple police reports & JP Peace Bond in place. His latest move is to land lock us & three other neighbors. A tiny section of the dirt road we all use is his property. The easement existed long before either of us lived there. He intends to build a fence across the road, blocking our easement.
Without knowing all of the specifics of your situation, I will simply say that easements can be created any number of ways and the holders of easements generally have enforceable rights. I suggest you speak with a real estate attorney who may be able to get the issue resolved once and for all. If there are several of you who are having the same problem, perhaps all of you could work together with the same attorney.
Best of luck.
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2 lawyers agree
If you have a filed easement that grants you a right of way across the neighbor's property, you may seek a court injunction against the neighbor interfering with your rights. If you don't have an easement, you may have a claim for an easement by prescription.
You will have to take all of your documents and proofs to a local real estate attorney to evaluate.
I am not a TX attorney, laws vary from state to state, therefore you should always consult a local attorney.
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Real Estate Attorney
If you can prove that you have used the easement for 20 years, then you have a very good case against him for wrongfully blocking your access. You need a real estate attorney to establish and preserve your rights.
I am not your attorney and the advice given may be dependent on facts and circumstances that are unique to your situation. I am providing this free advice as a public service, and not specifically to be acted upon. If you would like advice specific to your case, please contact me.