Re: Easement by Estoppel - TX

More | Report Post

On 8/02/06, Carol wrote:
> On 8/01/06, Steve wrote:
>> Local water authority board that owns lake behind my
>> property issued us a permit to build a boat dock 3 years
>> ago. We built it at considerable expense. They have now
>> revoked our access permit to use it (a friend of theirs
>> wants to buy this narrow strip of land), causing us to
>> lose $125,000 to the value of our property. They verified
>> in writing, that we could build one and access the lake
>> before we bought the land. I know that governmental
>> entities are not generally subject to estoppel, but how
>> about "easement by estoppel" on government land? Or
>> inverse condemnation?
> no and doubtful. didn't you post this a couple of months
> ago? I remember asking how a water authority could be "a
> friend." If not, follow the thread and find out from that
> poster what happened. easement by estoppel is negated with
> permission, you had permission besides the use has not been
> long enough in any state, I think the least amount is 5
> years. Inverse condemnation not likely, you can still use
> your property can't you? and the gov. didn't actually take
> your property they just quit letting you use theirs. Talk
> to an attorney in your area to see if there is anything you
> can do, but it looks like you're out of luck.

I probably did post about this a few months ago. Right now,
I've found a lawyer, and we're filing suit. Just trying to do
a little more research before trial. I DO own the dock.

A water authority board of directors is made up of local
citizens; this "friend" is a local millionaire who is good
friends with the exec. director and several members of the
board.

I think that only prescriptive easements are negated by
permission. Easement by estoppel is the result of irrevocable
license where there actually was permission. I can still use
my land, but my boat house, which is on the lake, can no
longer be accessed because they revoked my permit to cross
their land to use it. The water authority owns the lake and
small strip of land around the lake. All adjoining property
owners must get ingress and egress permits to use their boat
docks. They've never revoked one before me. Only because this
strip of land is tied to a larger piece they own down the
street from me, and the potential buyer (their friend) wants
the whole thing.