Denied access to site – Texas
Well, I came across something new last week, our survey crew was denied access to a site that we were hired to survey. We were retained to survey two tracts of land that are landlocked on all sides by a single owner, and the owner of the adjoining property has told our crew that he will not allow them to cross his property in order to survey our client’s tracts. Our client’s tracts were once part of a called 22.5 acre tract that was partitioned out into four tracts back in the early 1940’s. The only access that the 22.5 acre parent tract had to public right of way was a county road along its West boundary line. When the 22.5 acre tract was partitioned, it created 3 tracts that did not front public right of way, and no mention of easement across any of the newly created tracts was mentioned. Since the time that the parent tract was partitioned a single landowner has acquired title to all but two of the tracts, and all of the land around the called 22.5 acre parent tract. The tracts are partially wooded and partially pasture and have never had a structure, nor a driveway/well defined access route on them.
Have any of you ever had to deal with such an issue, and if so, were you able to get access? It appears as though our client can get access by going through the process of obtaining an easement of necessity, but I am hoping that there is some method of gaining access through a simpler & quicker route.
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