Well, I came across something new last week, our survey crew was denied access to a site that we were hired to survey. We were retained to survey two tracts of land that are landlocked on all sides by a single owner, and the owner of the adjoining property has told our crew that he will not allow them to cross his property in order to survey our client's tracts. Our client's tracts were once part of a called 22.5 acre tract that was partitioned out into four tracts back in the early 1940's. The only access that the 22.5 acre parent tract had to public right of way was a county road along its West boundary line. When the 22.5 acre tract was partitioned, it created 3 tracts that did not front public right of way, and no mention of easement across any of the newly created tracts was mentioned. Since the time that the parent tract was partitioned a single landowner has acquired title to all but two of the tracts, and all of the land around the called 22.5 acre parent tract. The tracts are partially wooded and partially pasture and have never had a structure, nor a driveway/well defined access route on them.
Have any of you ever had to deal with such an issue, and if so, were you able to get access? It appears as though our client can get access by going through the process of obtaining an easement of necessity, but I am hoping that there is some method of gaining access through a simpler & quicker route.
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You probably ought to ask the sheriff for a civil standby while you are down at the courthouse
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Sec. 1071.3585. COURT ORDER FOR REGISTERED PROFESSIONAL LAND SURVEYOR TO CROSS LAND. (a) A registered professional land surveyor engaged in surveying who is denied permission to cross land owned by a person or entity may seek a court order authorizing the surveyor to cross the land.
(b) A registered professional land surveyor may apply for an order under this section from the district court. Venue for the action is in the county in which the land is located.
(c) If the registered professional land surveyor holds office as a county surveyor and is engaged in surveying in the person's official capacity, the county attorney may apply for an order under this section.
(d) The court shall grant the order on proof that:
(1) the person is a registered professional land surveyor acting in the person's official capacity as a county surveyor; or
(2) the person is a registered professional land surveyor and the issuance of a court order authorizing the person to cross the land is in the public's best interest.
Well, this should be simple. As long as the client pays for, I would hire a helicopter to get to it.
?ÿThe tracts are partially wooded and partially pasture and have never had a structure, nor a driveway/well defined access route on them.
How did anyone get livestock in and out of the pasture?
My first impression would be to ask the seller: Where's my damn access!?
But then; I'm not in Texas...
This might or might not help the landowner but considering that it would have to go to court, it would be of little help to you.
In PA there is no such thing as a landlocked parcel...BUT one must petition a board of viewers for access, which is probably a long process. And we have no right of entry...so no easy way.
When working on PA Turnpike projects they require us to send a letter to all private property owners that will have photo control on their lands. I believe they can force the issue as a state agency, but it has not yet come to that. We try and keep the control on public ROW as much as possible. Usually the photo control is for existing highway, but there is a new section being built near Pittsburgh and everyone knows what is going on so we have not had much problem.?ÿ
Sadly, at the local level, lower courts and law enforcement refuse to comply with actual State laws and would rather turn a blind eye and allow some to run over people's rights to access in fear of losing political power and being taken off the next voter's ballot.
You will have to grease the wheels and get a judge to give you the right to cross one or more of those stubborn neighbor's property.