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Old April 27, 2012, 07:09 PM   #9
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Carguychris, it comes down to the strip and gore doctrine and the greatest grant theory. Typically, what happens is the Plat dedicator lays out the lots and blocks and the easements. If the Plat dedicator conveys by lot and block without an EXPRESS reservation in the actual deed, then the strip and gore doctrine operates to convey any small adjacent strips of land. The idea is not to have tiny isolated strips of land with mixed ownership due to easements, surveying errors, etc.

I do a lot of oil and gas work and a big factor that comes up often in that is who owns the minerals underneath a street or easement. Having said that, the doctrine of strip and gore and who owns the property relating to an easement is a confusing area for courts and lawyers and there are exceptions to just about every rule out there.

Given that the chance the police officer who answers your call is going to be well-versed in the esoteric aspects of Texas property law, I would be especially careful to stay in an area where there was no dispute it was my property if I was going to try open carry on my premises.
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