Landowners are guaranteed access to their property
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: I have property that is landlocked. I have no access to this land. I am current on paying the property taxes. Should I continue to pay taxes on this dead real estate?
A: Yes, you should pay the taxes. And, fortunately, you do have the right to gain access to your land. Texas law recognizes that all landowners must have access to their land. Since you do not have a way to reach your land, you can file a lawsuit and claim an implied easement or an easement by necessity.
With an implied easement, you would claim that you acquired the same rights and privileges as the previous owner of the land. To establish an implied easement, your land must have been part of the surrounding property at one time; there must appear to be an established route on and off the property; and your use of that established road must be necessary for your convenience and comfort.
If you cannot establish an implied easement, you can try to obtain an easement by necessity. To prevail, your land must have once been a part of a neighbor's land, and your use of the easement must be an absolute necessity that existed when you acquired the property and is not merely needed as a convenience to you.
Before you hire a lawyer, talk to your neighbors and tell them you will be forced to sue, and the law is on your side. You may be able to persuade one of them to grant you an access easement, or alternatively, you can lease or purchase an easement.
Even if you have to pay for the easement, it may be cheaper than a lawsuit.