Can my landlord refuse to let me get to my home if it is on their property?

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Can my landlord refuse to let me get to my home if it is on their property?

My husband and I own our home which is located on a property that belongs to my mother and father-in-law. We have lived there for almost 3 years. We are not under lease or contract of any kind. We do not pay rent; we have a verbal agreement that we are to pay the land taxes every year. We have done that. Now she is saying that she is going to lock us out of the property.

Asked on July 8, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with a real estate attorney to help you, but it seems as if there may be two grounds or bases on which they cannot lock you out:

1) First, if there was an agreement that you would have access in exchange for paying land taxes--even if that was an oral or verbal agreement--that should be enforceable; so if you've done your part, you should have access.

2) An easement is a righ to cross or use another's land for certain limited purposes. Usually it is created by an agreement, but sometimes a court will find one where an easement is necessary to get to "landlocked" property. This may be such a case, but since this area of law can be complex, you should get an attorney to help you assert this. Good luck.


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