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landlocked by driveway

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Landlocked

Thread Starter
Freshman Member
Joined
Feb 26, 2008
Professional Status
General Public
State
Texas
Hello All :
Two adjacent and identical homes in Houston, built in the 1930’s have separate narrow driveways on opposite sides. I own one home, and the other is for sale by my neighbor. Over the years my 7.6 feet driveway (and his 3.6 feet ) has been used by both of us to access our respective carports in the back of our properties, as the combined 11.2 feet allows SUV’s to pass through. My neighbor and me actually jointly paved the 11.2 ft driveway, and he was paying me a monthly fee for its use.

Now my neighbor sold the property, and the new owner wants to build his fence, therefore landlocking my access to my carport in the back.

We are dealing with Implied Easement / Usage Pattern / etc. The surveys of both properties make no mention of easements, and clearly define our boundaries.

I am preparing a Temporary Restriction Order to halt the fence building, and will proceed with an Injunction. Costly but necessary as the value of my property will decrease by some $80,000. The new owner does not want to sell me a few feet.

Please help me with advice, as I am desperate to resolve this. I heart there was a Texas Supreme Court case on a similar case.
 

Ted Martin

Senior Member
Joined
Jan 17, 2002
Professional Status
Certified General Appraiser
State
Kansas
Like to help but this is a legal question not an appraisal question. It also is a prime example of why a formal easement should be drawn up even between the best of friends.
 

TEL2002

Elite Member
Joined
Jan 16, 2002
Professional Status
Retired Appraiser
State
Louisiana
You need to talk to a Real Estate Attorney immediately.

How did you determine 80K difference in value? Get a highly qualified appraiser to appraiser your property. Be sure to explain it may end up in court, and the purpose of your appraisal. The attorney probably has someone in his/her rolodex.

Maybe you can agree to pay him for usage of his 3.6' of driveway. It sounds like you need it and he does not. This places you at a disadvantage.
 

Webbed Feet

Elite Member
Joined
Feb 11, 2005
Professional Status
Certified Residential Appraiser
State
Canada
Landlocked,

I don't agree with one response here. I don't see why to involve a real estate appraiser at all. You need a good real estate attorney.

Being built in the 1930's this "shared driveway" issue must go back several decades. Unless you and your prior neighbor just built your carports during your ownerships, they were not built by prior owners of the properties. First of all, you have a legal issue no real estate appraiser on this forum should be expressing an opinion on. Next, depending on the history of both properties, I am concerned on why in the world you were ever charging your prior neighbor a "monthly fee" to get access to his carport. That may play out to have been a very dumb move on your part.

Good Luck,

Webbed.
 

JoTetherow

Member
Joined
Nov 29, 2006
Professional Status
Certified Residential Appraiser
State
Nebraska
I am concerned on why in the world you were ever charging your prior neighbor a "monthly fee" to get access to his carport. That may play out to have been a very dumb move on your part.
.


I could be wrong but I believe that by the payment for use, the adverse possession point would be moot. perhaps someone did not want to have some land taken that way so charging a fee may have been good for one of the parties.

jo
 
Joined
Jun 3, 2005
Professional Status
Certified Residential Appraiser
State
Colorado
Hi Landlocked --

Welcome to the Forum!

Generally speaking, your rights to continued use of the portion of the driveway on your neighbor's land falls under the doctrine of "Adverse Possession."

Finding a GOOD Real Estate Attorney should be your top priority -- an attorney who knows Texas Real Estate Law backwards and forwards.

My attorney taught Real Estate Law when I was getting a brokers license many years ago -- for the past 20 years, he has been co-chair of the Colorado Real Estate Commission Contract Review committee. When I started in the business, the contract was one or two pages; now, it's something like 12 to 14 pages long. Most of those changes were made because of court cases, which the CO-REC addressed by adding new standard clauses to the contract.

I've stuck with my attorney because he's aware of every legal challenge to the standard and approved contract; likewise, you need an attorney who really understands Texas Adverse Possession Law.

Good Luck!
 

Annelle

Junior Member
Joined
Jan 26, 2004
Professional Status
Certified General Appraiser
State
Arizona
You need to consult with a Real Estate attorney. If you need an appraisal for some reason then it would be up to the courts or attorney to suggest or request one.

Good luck.
 

Landlocked

Thread Starter
Freshman Member
Joined
Feb 26, 2008
Professional Status
General Public
State
Texas
I sincerely thank you all for your speedy replies. I am working with a Texas Realty Lawyer, and yes : I have no Adverse Possession arguments.
But the property may have it way back in time, and we are seraching that. In a few weeks I will know the outcome of all of this, and promise to give you all an final update.

Thanks again... and do vote !
 

timd354

Elite Member
Joined
Jan 11, 2008
Professional Status
Certified Residential Appraiser
State
Maryland
I sincerely thank you all for your speedy replies. I am working with a Texas Realty Lawyer, and yes : I have no Adverse Possession arguments.
But the property may have it way back in time, and we are seraching that. In a few weeks I will know the outcome of all of this, and promise to give you all an final update.

Thanks again... and do vote !

Good Luck with it, I hope it gets worked out for you.
 
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