If I own a property and the road leading to it and several neighboring properties use the road, what are my legal rights to either force these neighbors to repair it or make them stop using it?

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If I own a property and the road leading to it and several neighboring properties use the road, what are my legal rights to either force these neighbors to repair it or make them stop using it?

It’s been the understanding that they would maintain it. At present the road is in very poor condition. As a side note, the property was originlly owned by my father-in-law who gave an easement to 1 of the neighbors. That neighbor sold off part of his property to the existing neighbors (now there are 4). Did the easement carry forward to all?

Asked on May 26, 2015 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An easement, unlike a license, does carry forward with the property: it is linked to the property, not to the individual who receives it. Therefore, the neighbors rights and their obligations will be based in large part on the terms of the easement. To dispositively answer your question, you need to review the terms of the easement with a real estate attorney.


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