Big Bend Chat

Big Bend Community => The Terlingua/Study Butte Board => Topic started by: JimRockford007 on July 11, 2018, 03:05:10 PM

Title: Roads across your property question
Post by: JimRockford007 on July 11, 2018, 03:05:10 PM
Im guessing if you buy a parcel down here , if there is a community road going across your land  you have to keep it open?  I am seeing several possible plots of land, but some of the ones I like have roads through them.
Title: Re: Roads across your property question
Post by: BlindWilly on July 11, 2018, 03:48:03 PM
I'm not a land owner (Yet, hopefully), but my understanding is that if it's a public road, then yes.
Folks still shouldn't get out and trespass onto your property, however.

Title: Re: Roads across your property question
Post by: presidio on July 11, 2018, 04:24:11 PM
Im guessing if you buy a parcel down here , if there is a community road going across your land  you have to keep it open?  I am seeing several possible plots of land, but some of the ones I like have roads through them.

The only public roads in the Terlingua area are those state and county-maintained routes. The vast majority of the 1,100 miles of road on Terlingua Ranch (TR) are private, not community (which is the cause of title companies refusing to provide insurance). There is access to every tract on Terlingua Ranch (or if not the ranch will create a road, but every foot crosses private tracts and all access is private.

You have access rights by virtue of being a property owner, but those rights are a cyclically hotly-contested topic. There is some case law resulting from a Terlingua Ranch property owner lawsuit challenging a gate one owner put across "his" road (that led to more properties in the distance). My recollection is the court sided with the gate-erector as far as installing the gate, but ruled he could not obstruct transit to the farther out properties. Therefore, he either had to leave the gate unlocked or provide key to affected owners. I think the TR opinion was, if they did not have unobstructed access they would not maintain the road.

Some years back, other forums (most of which seem to have gone defunct) had energetic arguments over who could travel these roads.

The opinions included:

a) anyone owning property could travel any road
b) property owners only could use road(s) leading directly to their tract(s)

Both opinions begged the question as to how anyone could sell (or buy property) without buyers being able to access it for evaluation purposes and negotiation. Rational thought was distressingly absent in most of the ranting that occurred about all this, as folks concocted their own legal opinions without benefit of understanding real estate law.

The HOA (TR) has access to all those road solely for the purpose of maintaining them (that's what the dues are for); but, they cannot authorize any usage of any kind for non-owners for any reason (a separate bone of contention that repeatedly arose in those old forums).

If you are looking at TR property, you would be well-advised to have a lengthy discussion with the HOA to learn exactly what the current status is, keeping in mind it is a volunteer run operation and their understanding may be no better than anyone else's. Also and probably better, talk to realtors (who likely are willfully ignorant so as to not affect their sales pitches), talk to local title companies (who will give you the best advice about the situation, and search the county court case files to uncover and read the several cases on TR issues.

You might also search Yahoo groups seeking to unearth those old forums and glean whatever is useful from them or at least be entertained by the gross ignorance on display.
Title: Re: Roads across your property question
Post by: JimRockford007 on July 11, 2018, 04:57:00 PM
I mean was just curious, I see it from both sides , even though it would be my land, I had to cross alot of other folks land to get to mine,  If the guy right off the road locked his I would be ass out,  we have alot of cheap land her in FLA , problem is its land locked , meaning  a dozen there folks who have property between the main road and your lot dont have to grant you an easement, then you just have land you cant use..lol thanks.  hope to be down there soon to look at stuff in person.  found this tract today, its on the west texas ranches website, they had a link to all the listed realtors licenses so I feel like they are ok , still gonna wait till i get down there and can look at it, google earth pro only does so much.lol  plus it looks like the guy across the street might have a camper on the property  according to the realtors property outline and the tract map from Poatri  tract maps . have to verify with GPS  to see.
Title: Re: Roads across your property question
Post by: JimRockford007 on July 11, 2018, 05:21:35 PM
(https://lh3.googleusercontent.com/NmvZRHbHwQyXHUcC9F0nPoK0XyWzRxlxRQS7cLVxbbrq8r0L4IoMxqG-gVzy-BEjv5zY9NhiKIfLBHh3mwwm9Iv-Nbc-27qvvZ69w4MPRwf7BXJOxyXI9rPtnmikV0kxM8n7jPX-Rle8spVkIeUpG-8PklZQbzjNfXZtoomJDoScTnW2okmBAfr8e0azE4m5DJ8rm9tM_MWBwtuBDv26Lo9fdVH8gcndMlOrjCHhmAS2NCxTP-31kme1qPjCGnHnGEfM2r8RIBvjf8v_FWAC7Pgl29YLUcNNErPQJQ5KBwQXlTyMiGpxhOW554-6GsQ3PKvcOgdgpQl_oD_Caz1MpekGjeSoLcPuxbDikzWmnSQKFVbUG1CvLno_jyB0qUPxUsRjTY_udZR125qgFlJax57GP-pcm6RkrR6MtcZxipjWuHbn9jibrGiAFNonlfyeySmhvmdejUeEuEa-182cGZ0mX6KkF4cHLOWWjA1tIhOk3nag8CbKcX_o3aEtTTzdK-MoSqr4tfvZU1PTQWQly3P272A8YO0dggNWZRbS86pgbEkqlvlShR9Jx0fCKB2-CFPy2fL6kAXjQdvrspdXh2pwBcOWUWnn5j1ihLI=w1600-h899-no)

(https://lh3.googleusercontent.com/Hns0DpridswcHXU6yHK-vpNMUWI5H3CUiiw6J_h6jRpZ8Zscd0o5SLyF8V-sC8ycc81vtk2XSLmucWYd6b-x6P53Geaj1a_jG_UMs7O56G36_eOo___bCKr1Q9hg9D8KXCru3IQwBr3YmZU3mdWl_MzELfZEDxOwj2jqh1BVlOx_xrMPNMvzrJ4ZK8QGSh195QKAHF5dgFyOI9uJieMOPqCpHNxbTSRF6GyK9nKC25Fi4ShtxNha_BiK6KYhM02WeFfmWZEaFsMbXB773NqRqjvynRbYSjm0Eb1uhB91udLmG2AKnfVt1XuCbCQrbR_-35R47MsmErkFfmVoEiYCKqLnG0QDOFoz1Oa9osjGhpM_pUf6kr9_URw7-KzxoxKs08Qx06_YjDS16ehat9NXTns_CIADioho7SkPr-oftmT-IykEBHvBE2sGtXRaMYuZpra7Dum2P9q1R-ZT7yz-XY52nFE_gSw2NlBd4laki5B_LpEYloXf2Pp_Y6wOtld5XZxJ6DtITELKa6r-fPkMuftd5Do5nfVV0ac8qAJK6UMlFkyQxIxtm0OqSeAyXfjAuv5N8E9btVdhrZ4AQELwGrK_vgfynkcNAht7lA8=w1600-h899-no)
Title: Re: Roads across your property question
Post by: BlindWilly on July 12, 2018, 10:55:17 AM
I've been following a fellow by the name of Don Houser from West Texas Ranch Realty on facebook and on Vimeo.  He posts a lot of the land he has available in video form right here.
Gives you a good sense of the plots.  https://vimeo.com/user31649183
Maybe yours is on here.
Title: Re: Roads across your property question
Post by: JimRockford007 on July 14, 2018, 08:56:32 PM
yea i have watched a few, the plot I gave pics of above turned out to not have owner financing,
Title: Re: Roads across your property question
Post by: rocketman on July 15, 2018, 12:20:26 PM
I went through Don Houser when I bought my land on TR. He's a straight-up guy and will answer any questions to the best of his ability. With that said, access is a tricky issue and there is really no single answer. Bottom line is if you own property and require access through someone else's property, they should not close the road off to you. If your neighbors are cool, you will have no problem. If they are ass hats about it, be ready for legal intervention.

I have driven many of the TR roads and have yet to be tossed off someone's land just for driving on it. However, as Willy mentioned, don't get out and walk around without explicit permission from the land owner. You may find yourself being chased by flying lead.