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We have a dispute involving a county road. The original grants indicated the the County was granted an easement of 20 feet on either side of a particular section line. A recent survey indicates that the road is off by about seven feet or so. Moving the road would be an enormous pain and my road guys don't want to do it. The road has apparently been in its current position for more than 20 years. Do we have a prescriptive easement? Does the County Road Map we adopted in 2005 or so mean that the current location on the ground is something we can continue with?

Thanks
 
Posts: 16 | Location: Martin County, Texas | Registered: May 19, 2003Reply With QuoteReport This Post
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The dispute you describe is not unique. Many older roads are either not exactly where they should be (credit inaccuracies in surveying for that one) or have migrated as curves were maintained. It would be my position that the public has an easement where the road is, and that, if it was not challenged when the 2005 road map was approved then it became a county road as it lay.


Lisa L. Peterson
Nolan County Attorney
 
Posts: 736 | Location: Sweetwater TX | Registered: January 30, 2001Reply With QuoteReport This Post
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