. Actually I think it will take legal action on HIS part to remove my use of the easment. TX law says you can NOT landlock property. Logical Easement HAS to be granted no matter if other owners around like it or not. If he takes it to court.. and judge rules I for sure own that land..... he then will assign the easment placement as he sees fit. Previous cases seems to show he would just call the first easement I got as good.smokyjoe wrote:If a " landlocked" lot is sold a permanent easement for access is granted and put into both the purchase-and-sale agreement and the final deed for your lot, otherwise it couldn't have been sold, at least that's the case up here in Taxachusetts. An access easement can't be taken away like this, I'm sure you have a solid case but it will probably take some legal action on your part.
The tact these guys are taking though is "the previous fellow never owned the land to sell it to me" so I bought nothing." Just legal twist by a low life of a person to get his way instead of being a man and accepting that he bought 20 acres NEXT to me.
Have taken steps to block this tact using TX Adverse Possession Rules. Previous owner actually was using this land Adversely for 20+ years. It was adjacent to his 40 acres and owned by a former bank; now defunk, that sold him his acreage. Bank abandoned this small sliver of land after selling off everything around it in straight even 20 acre chunks leaving this no mans land down the middle. This "Adverse use" made it his.... now mine by TX law. He sold a portion of that Adverse land in 04 w/out issue even though he had never turned in paper work claiming "Adverse Possession" on that sliver. That sale used a Title agency and the sale was certified as ok by a Title Insurance CO. Anyway I tacked my use of it, and my purchase of it, with his 20 years of using it all together (ok in TX law) and have filed papers with the county claiming Adverse Possession on the land myself to further solidify my case. Guy with the land next to me that has the original easement on his property will have to take it to court to get a judge to throw out my claim of adverse possession in effect returning the land to no mans land and thusly canceling the easement cause it would then be part of an invalid land sell.
Now that turned out laughable. There is one. I make too much money to qualify. Now get this... guess how much money I make. 1500-2000/ month LOSS. I make NEGATIVE money. They count income stream BEFORE deductions and that is IT. My deductions are greater than my income at this point in time. Basically that means no one can qualify for this agencies help. Guess Lawyers just sign up so they can "claim" they are all nice and stand for the hard working class man but actually never do any probono work. Only lawyers would come up with such a pile of shiat agency like that. Now Im calling in favors from folk who may know a lawyer willing to probono if this fellow takes it to court.Look up your state's Bar Association on the web- they should have something about a Pro Bono legal referral service. ...
THANXGood luck