Re: Easement by Estoppel - TX

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On 8/02/06, Carol wrote:
> On 8/02/06, Steve wrote:
>> 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.
> yeah, you're right, got estoppel mixed up with prescriptive.what
> made it irrevocable though? Do you have that in writing? you do
> have an investment in the boathouse and it would seem that
> equity would entitle you to at least payment if someone else is
> going benefit from it now.
> BTW you have an attorney. If this post is just for your own
> education and not to second guess your attorney then go for it.
> But while it is admirable that you are educating yourself, your
> attorney may not take too well to you telling him/her the law in
> your case. We can be a touchy bunch.

I have been a real estate appraiser and consultant for 23 years,
specializing in eminent domain, so I know more than some. All I
have in writing from them is a permit to build the boat house,
ingress and egress permits for 5 years, and verification in
writing that we would have lake access and ability to build one
before we bought the land. They issue 1 year "ingress and egress
permits" in order to charge annual fees for using your boat houses
on the lake. What's screwy is, they issue these AFTER they issue a
building permit and after you build your boat house. What turned
the temporary license into an irrevocable license according to my
research, was our investment in the boat house. My attorney is an
ex DA and ex county judge, but hopefully he isn't offended. I do
have the advantage of about 16 months of extensive research on
this matter in addition to my own background. Just haven't been
able to find a case of easement by estoppel over government land,
on West Law or anywhere else; but I do have case law exceptions to
the typical gov. immunity doctrine from estoppel (just not
easement by estoppel).