A neighbor may have the right to use a private road across your Texas property, but that right does not exist simply because the road leads to their land or has been used for many years. The answer usually depends on whether a valid easement or another recognized access right exists and, if so, what that right actually allows.
These disputes often become more complicated when the parties have different understandings of how the road was historically used. One owner may believe the access was only allowed as a courtesy, while the neighbor believes they have a permanent legal right to continue using it. Reviewing the property records and the history of the road can help clarify where those rights come from.
How Can You Find Out Whether Your Neighbor Has a Right to Use the Road?
Start with the documents connected to the property. A private-road easement may appear in a deed, recorded easement agreement, plat, or another instrument in the property records. In some cases, the easement may have been created in an earlier document and may not be fully restated in the current deed.
Records that may be useful include:
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The current deed and prior deeds
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Recorded easement or roadway agreements
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Surveys and plats
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The title commitment or owner's title policy
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County real-property records
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Written agreements or communications between current or prior owners
The wording matters because an easement may identify where the road runs, which property benefits from it, and how the access can be used.
Can a Neighbor Gain an Easement by Using Your Road for Years?
Possibly, but long-term use alone does not automatically create an easement.
Texas recognizes prescriptive easements in limited circumstances. The Texas Supreme Court has explained that a claimant generally must establish use that is adverse, open and notorious, continuous, and exclusive for the required ten-year period.
That analysis can become particularly important when the road was shared by both properties or when the owner historically allowed the neighbor to use it. If the use began and continued with permission, that history may weigh against a claim that the use was adverse.
For that reason, a statement such as “they have used the road for ten years, so they own an easement” is too simple. How the road was used and whether the owner permitted that use both matters.
Does a Landlocked Neighbor Automatically Have the Right to Cross Your Property?
No. A property being landlocked does not automatically give its owner the right to cross whichever neighboring tract provides the easiest route. Texas recognizes easements by necessity under specific circumstances. Courts generally look at whether the properties were once under common ownership and whether the need for access existed when the larger property was divided.
The Texas Supreme Court has also made clear that convenience alone is not enough. The history of how the properties were created can therefore become central to the dispute.
Can You Put a Gate Across a Private Road or Easement in Texas?
Sometimes. The existence of an easement does not necessarily prevent the underlying property owner from using or managing the land, but the owner generally cannot interfere with the easement holder's authorized access.
Whether a gate is permitted can depend on the language of the easement, how the road has historically been used, and whether the gate materially interferes with the access the easement was intended to provide.
A gate, lock, access code, or cattle guard should therefore not be treated as automatically permitted or prohibited. The specific easement and surrounding circumstances should be reviewed before drawing conclusions about either party's rights.
Can a Neighbor Change How a Private Road Is Used?
An easement does not necessarily provide an unlimited right to use a private road in any manner.
Even when the parties agree that an easement exists, they may disagree about its scope. Questions can arise when a road that was historically used by one household begins seeing additional traffic from tenants, contractors, guests, hunters, or commercial activity.
In those situations, the easement document is usually an important starting point. Its language, purpose, location, and the property it was intended to serve may help determine whether the disputed use falls within the access rights that were granted.
What Should You Do When You and Your Neighbor Disagree About Road Access?
Before blocking a road or assuming another person has a permanent right to use it, it is worth understanding the basis for the claimed access.
A private-road dispute may involve two separate questions: does an easement exist, and if it does, what does it allow? Those questions can require review of deeds, surveys, historical ownership records, communications between the parties, and evidence showing how the road has been used over time.
When the parties cannot agree about the existence or scope of access rights, a court may ultimately be asked to determine those rights.
Dealing With a Private Road or Easement Dispute in Texas?
Is a neighbor claiming the right to cross your property, or are you dealing with a disagreement over how an existing easement can be used? The Keller Firm represents property owners in easement, access, title, boundary, and other real estate disputes throughout Texas.
Contact The Keller Firm to schedule a Strategy Session and discuss the circumstances surrounding your property and the legal options that may be available.
Disclaimer: This website is for informational purposes only and does not constitute legal advice. Do not act or refrain from acting based on anything you read on this site. Use of this site or communication with The Keller Firm does not create an attorney-client relationship.
Sources
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Albert v. Fort Worth & Western Railroad Co., 690 S.W.3d 92 (Tex. 2024). Current Texas Supreme Court authority discussing the requirements for a prescriptive easement.
https://law.justia.com/cases/texas/supreme-court/2024/22-0424.html
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Brooks v. Jones, 578 S.W.2d 669 (Tex. 1979). Texas Supreme Court authority addressing prescriptive easements and the effect of shared use.
https://law.justia.com/cases/texas/supreme-court/1979/b-7625-0.html
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Staley Family Partnership, Ltd. v. Stiles, 483 S.W.3d 545 (Tex. 2016). Texas Supreme Court authority addressing easements by necessity.
https://law.justia.com/cases/texas/supreme-court/2016/14-0591.html
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Othen v. Rosier, 226 S.W.2d 622 (Tex. 1950). Foundational Texas Supreme Court authority addressing easements by necessity and permissive use.
https://law.justia.com/cases/texas/supreme-court/1950/a-2317-0.html
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Ferrara v. Moore, 318 S.W.3d 487 (Tex. App. 2010, pet. denied). Texas appellate authority relevant to interference with easement access and use.
https://caselaw.findlaw.com/court/tx-court-of-appeals/1533240.html
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