Securing Legal Access through Easement Enforcement in Rural Texas

Background

A client approached Abii & Associates after facing a serious obstruction: she had purchased a rural property located outside the city limits, but was being denied access by a neighboring landowner. The only practical access route to her property passed through a strip of the neighbor’s land — a pathway she believed was protected by a legal easement.

Legal Challenge

The neighboring property owner disputed the easement, physically blocking access and refusing to allow our client passage. This situation rendered her land effectively landlocked, violating her right to reasonable use and enjoyment of the property. The client had no alternative entrance and could not lawfully or logistically access her own land.

Our Approach

Abii & Associates reviewed the title documents, property surveys, and plat maps which confirmed that a necessary easement had been included in the original development and was intended to benefit our client’s lot. We pursued legal action to enforce this implied easement, arguing that:

1. The easement was necessary for ingress and egress;

2. It had been established by prior use and necessity;

3. Denial of access constituted a substantial interference with property rights.

Outcome

Our firm succeeded in securing a court order granting the right-of-way through the neighbor’s land, restoring full access to our client’s property. Additionally, we obtained a judgment that required the opposing party to pay our client’s attorney’s fees, recognizing the legitimacy of her claim and the hardship caused by the denial.

Impact

This case highlights Abii & Associates’ strength in resolving complex real estate disputes, especially those involving easements, access rights, and rural land use conflicts. We not only restored access to the land but also ensured our client was not financially burdened by a situation she did not create.