Imagine arriving at your business one day to find your access blocked. Suddenly, your thriving commercial property becomes inaccessible, and you lose business and profit. Although it may be from a scene from a nightmare, it is more common than you might think. Rights of way in Texas can be something you’ve heard about now, but you must note how important it is to understand them to protect your property’s value and functionality. Let’s explore this important topic.
What are rights of way in Texas?
A right of way is a legal entitlement allowing an individual to pass through another person’s property for a designated purpose. In Texas, the rights of way can be expressed, which requires a written agreement; implied, which comes from circumstances; and prescriptive, which the property gains through long-term use.
Texas Property Code overviews the creation and transfer of these rights. They’re essential for commercial properties, ensuring customer access, deliveries, and utilities. Without them, your property could lose significant value.
How can rights of way be lost?
Rights of way aren’t always permanent. Your business can lose it through:
- Abandonment: When you or your business does not use the right for an extended period
- Release: A formal agreement to end the right
- Merger: When the dominant and servient estates combine under a single ownership
Texas courts have held that mere non-use doesn’t automatically result in abandonment. There must be a clear intent to give up your right.
What steps can you take to protect your access?
Understanding your rights is the first step in protecting your commercial property’s access. Review your property documents carefully. Are your rights of way clearly defined? Are they recorded with the county? With regular use and maintenance of your access routes, you can help prevent claims of abandonment.
If you are facing issues with your property’s access, you should consider seeking legal advice. A knowledgeable attorney can review your situation, explain your options, and help you take appropriate action to protect your property rights. Remember, addressing these issues as early as possible can save you time, money, and stress in the long run.