My question involves an easement in the state of: TX
We own land and a house in Polk County, TX - originally part of family land that was divided up into tracts. A 20 foot wide area across the front of our property is specifically described in the deed that allowed the adjacent land owner (another family member) to access his property and the legal words used in the deed are "Grantors additionally GRANT, SELL and CONVEY unto Grantee, her heirs and assigns, the free and uninterrupted use, liberty and easement of passing in and along a certain passageway or road across that 3.13 acres and to use such passageway or road at all times in common with Grantors, their heirs and assigns". This family land next to us has now been sold. I assume the easement is still in effect for the new owner, based on the description in the deed, but I have two questions:
1) Does the described passageway allow the new owner of the adjacent property to do anything he wants to on the passageway (ie lay down road materials or have the electric company run a line to his property without our consent), since we do own and pay the taxes on the land that the easement crosses, or does it restrict him to only being allowed to pass back and forth to his land? The passageway was, and has been for years, just open grassland but he has now come in and laid down white rock driveway material without our consent, knowledge or permission.
2) Since the land is going to be used for hunting, does the new owner have the authority to allow access across the described passageway to people he may be selling hunting leases to?
Thank you for any help or advice.
We own land and a house in Polk County, TX - originally part of family land that was divided up into tracts. A 20 foot wide area across the front of our property is specifically described in the deed that allowed the adjacent land owner (another family member) to access his property and the legal words used in the deed are "Grantors additionally GRANT, SELL and CONVEY unto Grantee, her heirs and assigns, the free and uninterrupted use, liberty and easement of passing in and along a certain passageway or road across that 3.13 acres and to use such passageway or road at all times in common with Grantors, their heirs and assigns". This family land next to us has now been sold. I assume the easement is still in effect for the new owner, based on the description in the deed, but I have two questions:
1) Does the described passageway allow the new owner of the adjacent property to do anything he wants to on the passageway (ie lay down road materials or have the electric company run a line to his property without our consent), since we do own and pay the taxes on the land that the easement crosses, or does it restrict him to only being allowed to pass back and forth to his land? The passageway was, and has been for years, just open grassland but he has now come in and laid down white rock driveway material without our consent, knowledge or permission.
2) Since the land is going to be used for hunting, does the new owner have the authority to allow access across the described passageway to people he may be selling hunting leases to?
Thank you for any help or advice.
Use and Enforcement: Easements
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