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State stole my property...

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  • mosin

    Active Member
    Rating - 100%
    1   0   0
    Mar 21, 2013
    876
    21
    Laredo
    No, so long as in the process of parking your vehicle on the portion of the easement covered by your driveway you don't also block the sidewalk, you're good to go.

    Isnt that allowing the blocking of a sidewalk?
    Ive heard lawyers say that even if the city tore everything on their easement up (repairing or whatever) to the road, leaving me without road access, its not their problem. They own it. Just because a curb and sidewalk may be in the yard doesnt mean its the homeowners. The curb doesnt always dictate where the road ROW ends. It can and usually does extend several feet into the yard.

    The end of your driveway is almost never in an easement, it is in the right-of-way of the road which is not an easement. I've worked 100s of subdivisions and only one can i think of where the driveway apron was actually on the owners property. The Right-of-way was private (meaning the HOA owned it) and only 24' wide. This meant 20' of asphalt and a 2' ribbon curb on either side. That results in placing back of curb and the end of the drive way on the property line, at least in theory. In practice the property corners were varied an inch or two into or off of the curb.

    An easement grants usage rights such as utilities drainage or access on or across the property that you own. You do not own right of way, the HOA, city, county or state does depending on the subdivision and the road. It is usually not explicitly illegal to park on your drive on the portion in the right-of-way, but I don't believe I've ever seen an easement granting that right either. It is almost always illegal in any jurisdiction to park blocking a sidewalk but that whether or not it is enforced is crap shoot and is separate and apart from any ownership issues.

    On average you don't really "own" your "property" free and out until you are about 35' from the seam of the center of the pavement. Many subdivision roads are 50' right-of-ways so you got 25' from the center that you just flat out do not own and have no say over but typically are charged with maintaining the grassed portions abutting your property due to HOA rules. Then typically an additional 10' is a utility easement that you own but grant the utility companies rights to utilize. You own it, you have title, you pay taxes, but they can come dig it up and fiddle around without asking permission.

    With regards to the utility easement you don't explicitly give the utilities permission, what happens is the easement is recorded along with the plat and the easement is in perpetuity. That is where title insurance, title research and land surveys come in especially when dealing with older properties. Farmer Joe in 1920 could grant Texas Power an easement through his 1000 acre property and when you buy your 2 acres from his great grandson 80 years later you could find out the spot you wanted to build your house has the potential of a power company plowing over your house and suing you for the trouble.
     
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