Dallas-Fort Worth Real Estate Investor Club

Property Rights Problem - need an attorney that can handle property rights issues

  • 10 Feb 2016 5:18 PM
    Message # 3811898

    Does anyone know a good attorney that handles property rights issues?

    This is an issue concerning property rights with a cable company.

    I have 2 of their boxes in my backyard. While there is an easement on the property, the easement is on the backside of the property with no alleyway access, the only access is to cross my property to get to the easement.

    I would not have an issue if they respected my property rights and knocked on my door and requested access like civil human beings, but they insist on climbing my fences, as well as my neighbors fences and have actually threatened my wife and family when we have caught them trespassing on the property side without letting us know they needed access to the boxes.

    The police have escorted them off of our property TWICE, yet they still keep trespassing. The boxes themselves are out of easement, they are on our property, not actually in the easement, they keep thinking there is a 10 foot easement, while there is only a 5 foot easement, this has been going on now for more than 5 years.

    Last modified: 14 Feb 2016 9:29 PM | Robin Carriger (Administrator)
  • 11 Feb 2016 3:23 AM
    Reply # 3812555 on 3811898

      I had that issue once upon a time with some utility company. Tearing up my landscaping, broke my fence. I couldn't get through to anyone at the company who was capable of correcting matters. Talking to the workers myself proved a waste of effort, and they were so rude about it too. So I called up my trusty partners from Heckler & Koch. We all had a little sit down discussion about respecting other people's property and how, just in case showing that respect slips their mind, they should avoid coming back ever again. That was the last we ever bothered with it.


      There is also the law firm of Smith and Wesson. They have been efectively dealing with this sort of thing for gegenerations.


      You could call on Mr. Glock. He's German, but don't worry about his accent. He speaks many languages and everybody usually understands him well.


      ... Lol. The things you find amusing at 3 in the morning when you can't sleep.


      On a more serious note though, go to county records and find the easement document. There may also be something in your property deed. I think verifying the easmemt is a good first place to start. Make sure whoever is advising you stays aware that this is not a public utility, but private, a cable company. Therefore provisions under the Texas Utility Code do not apply. There are some various other laws that would, but generally, easements are governed by the verbiage in easement document.


      Some established case law if you like to read such things:


       "An easement is a non-possessory interest in another’s property that authorizes the holder to use that property for a particular purpose." Marcus Cable Assocs., L.P. v. Krohn, 90 S.W.3d 697, 700 (Tex. 2002).


      "An easement does not convey the property itself." (Merely use of. Access is another matter.) Lakeside Launches, Inc. v. Austin Yacht Club, Inc., 750 S.W.2d 868, 871 (Tex. App.—Austin 1988, writ denied).


      "A grant or reservation of an easement in general terms implies a grant of unlimited reasonable use such as is reasonably necessary and convenient and as little burdensome as possible to the servient owner.”  Coleman v. Forister, 514 S.W.2d 899, 903 (Tex. 1974).


      Milt Colegrove would be a good person to ask. I don't know if he handles this himself, but he could at least point you un the right direction. His number is listed on the Sponsors page.







  • 11 Feb 2016 10:19 AM
    Reply # 3813779 on 3811898
    Deleted user

    I use and recommend 

    Martin Garcia

    (817) 519-8800

    He is real estate lawyer, reasonable priced and a great guy too

    Please let him know I referred you. 

    Hal Mayo


  • 11 Feb 2016 1:01 PM
    Reply # 3817019 on 3811898

    2 good resources for help.  I might have another resource for assistance.

  • 14 Feb 2016 9:34 PM
    Reply # 3821671 on 3811898
    Robin Carriger (Administrator)

    I also recommend you call Milt Colegrove.  He's very experienced and very knowledgeable.  He can be reached at mcolegrove@thelawfirmmc.com.  Please let him know you heard about him here.

    Thanks,

    Robin

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