Easements
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: I purchased five acres of rural land with access through an easement, which is included in my deed. I have to pass through one gate to access my property, and now the owner of the easement has installed another one. I would love to have all the gates removed. Is there anything I can do?
Answer: Placing gates that you can pass through on the easement is not an unreasonable inconvenience to you. Unless the easement in your deed was worded in such a manner as to disallow any gates, you'll have to live with them. Ask if you can install automatic gate openers.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
