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I agree with Randy. It is my observation that goods of any kind chase and hunt for money.


It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.

Without a sense of urgency, Nothing ever gets done.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley Rancher and Farmer Muleshoe Texas 1892-1985 RIP
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Well the guy that was gonna do the house pad flipped his track hoe and is out so i had to call another dirt contractor in and he will start in about a week. I contacted the utility company to get the maps where the right of way was proposed and the guy said we never heard back from the land guy so he's been lying for 4 months. I tried to contact the bank that owns the land but that was a complete waste of time because no one knew who i needed to talk to and acted like they weren't going to help me.
I have tried all the things that i can do without legal action. Its time to get serious and sue that is all i can do.

Last edited by wickedinhere; 07/28/13 05:37 PM.

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You can certainly sue if you want to but I think you should talk to a legal expert before you do anything so rash. You bought this property like it is and the bank or no other entity need to help you out of your problem. More then likely you will lose your case forthwith and will be likely responsible for their legal fees. You made a misstep when you closed on this land before getting your easement. See if you can talk to a law professor or land mediator. You could easily spend in excess of fifty thousand dollars and get no relief. You need to get a good real estate lawyer if you buy property. Sorry about this but you are not in a good position here. GOOD LUCK.


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Kenc you have no idea what you are talking about. The state i live in you can't deny anyone utilities and that came out of a lawyers mouth.


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Texas has the same ROW law. However, you might have to hire that lawyer and hope that a local judge will see it your way. And, that's not always a sure thing.

The thought is that easements and "unsightly" power poles devalue land. So, it's not in the banks interest to grant the easement. Proceed with caution. Kenc and others here do know what they are talking about.


It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.

Without a sense of urgency, Nothing ever gets done.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley Rancher and Farmer Muleshoe Texas 1892-1985 RIP
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Just one more thought from me....Is there a chance that you could buy another piece of property that joins the one you have. When buying it, one stipulation would be it has to come with all the easements that you need.

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Property rights do vary from state to state. Your lawyer may know what he is talking about but if he goes to court and loses he still get paid and he will probably encourage you to appeal and then you can pay him again. I know very little except what I do and that is buy and sell real estate which we have done for 38 years and has involved 70 properties but since I got sick we only have twenty some now. When the county runs underground sewer or water here they have to pay to do this. The going rate here is 5-10$ a square foot. They can do this but a private indivdual has no standing to force acesss for anything. I was just saying you may need to talk to a legal expert that does not have anything to gain by suing. We have bought a few properties that had a cloud on the title like yours does but I did not close on that property until we had removed the cloud. I do hope you the best of luck but you are still in a bad position here.


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It's only money I can make more.


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This property is out in the middle of no where 4 miles from the main road, they are also getting ready to log a lot of the property including the small strip i have to come across. I can promise you that a few poles wont devalue the property if anything it would increase the value. I suggested buying the property and i get the same generic answer of nothing, its like talking to a 3 year old on the phone you can't go anywhere. I also talked to the guy from the utility company today and he goes to court a lot over right of way issues for the utility company and he also said what the lawyer said.


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It sounds like this is a battle you'll eventually win-that you are within your rights to get power to your property. It also sounds like the only way to do it is going to be to get an attorney involved. At least around here, there are some extremely effective ones that specialize in real estate and property development-they exactly who to contact and what buttons to push to get things done. Perhaps the guy from the utility could suggest one for you?

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WIH, Yolk Sac gave you some good advice. The trouble with giving someone a easement is that you forgo any profit on the property forever. A strip of land like you need (30 by 550 ft.) can be planted with 165 pines on a 10 by 10 spacing. They mature here in 32 years. You can see why easements are not given easily. Even if you win in court you will have to pay a sizable amount as the law gives the landowner the full value of his property forever. The electric company can force a easement by eminent domain but they have to pay a fair price for the ROW. It is to bad you did not buy your property from the bank as the seller can not landlock the buyer in most states. It is only money but I had rather buy fish bait then pay shysters. GOOD LUCK!!!!


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Sorry to hear the problem you are having with your easement. Did you have a survey done when you purchased the property? In most states, that I am familiar with, require the Professional Surveyor to show the ingress-egress (access) to the property by a metes and bound description (bearings and distances). Even if a surveyor shows an easement, it still can be challenge in court. Wish you the best.

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Some good news finally I had a land guy call me to lease a 32 acre piece
of my property for oil and gas. I started talking to him and he had the info on the the new guy coming in that will over see this property(land manager new boss). I called and left a message about what was going on and how i was getting the run around well 30 minutes later the land manager called and said the he was on the fast track to getting my ROW
going and said he was sorry for the delay. He never said anything about me calling his new boss LOL that's why he wouldn't give me the info. Hopefully that issue will now be settled. The dirt guy had been putting me off on building the house pad plus turning over his track so now he's way behind. I had to get another contractor to come look at it Saturday and he just called and said he will be out there Monday. I am glad i called this guy he knows what he is doing and will get the job done right. He said its gonna take 700-800 loads and about 13 days to get the job done RIGHT so in a few weeks i will have a pond.


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Indeed, that is good news. All it takes is an understanding person to change the game. A low key approach has worked for me more then the court system. An old timer told me once " You catch more bees with sugar then vinegar". That is good business and it works for me more then not. GOOD LUCK!!!


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Good news - glad it worked.
















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Yeah i didn't want to sue them that's why i have waited these last 5 months and not sued. It's all finally coming together after the pad is done we will plant some grass and then start on the shop build. I am going to build a 30x60 i am getting prices but i will most likely go with wilson construction they built my current shop 30x30.


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The dirt contractor started moving his equipment in today and started cleaning the pad site he will start digging on Monday.


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Went and checked on the property this afternoon and its ready for some dirt.



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Digging started today and the guy came out and looked at the ROW and said the bigboss man is gonna sign off on it so we will see.



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Good news! Looks like progress is being made.


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3/4 to 1 1/4 ac pond LMB, SMB, PS, BG, RES, CC, YP, Bardello BG, (RBT & Blue Tilapia - seasonal).
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Got some digging done then the starter in the track hoe went out so they shut down and should be up and running tomorrow. No sand or water table yet so hopefully they wont hit any we are close to a river but hopefully with luck we will be good.




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THey got a full day in today and its looking nice.



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These boys can move some dirt they hauled 150 loads today and have almost finished the first dig on the pond. They pad is up close to 3.5 feet but we still have a ways to go i will post more pics tomorrow.


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More pics.





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Nice grey clay - Should be able to seal it up good.

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