Last login: Saturday, August 17, 2013
Omg!! Really!?!? The bridge those people are talking about never existed in our life time it was never accessed by us, only by another landowner and again their bridge at the time not ours. and that bridge was destroyed during hurricane 1964, the other bridge in question was built 1903 over what is now the San Antonio river which use to be called Dunn's buyao. In 1913 mr. J. A and A.M mcfaddin built a damn and levees over cushmans bayou and other places changing the course of the san Antonio river from the original way of the land(our property line is the old San Antonio riverbed ) because they did this out of hate and malice to flood the black settlement down there out(big surprise the reason they wouldn't sell) the mcfaddins and predecessor had to destroy the damn over cushmens buyou and if the levees. The levee that our gate sits on could not be rebuilt if destroyed by an act of god! That road that goes through the property was built and maintained by the oil companies since 1903, R H marrow vs Mcfaddin gave that road as the access to all that owned property down there. So again from the time my grandparents bought and built there house down there that is the only way the came and went. It's the same for all property owners that owned land down there. If your going to state facts better be ready to back them up like I have.
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I'm going to stop making my comments, because I am to emotionally involved. Facts are Facts. Bases of allowing this to be written and known was only because after going every avenue trying to get help with situation this was our last option in trying to get more help. I didn't think it was possible to land lock someone out of there property. Not only legally but thinking someone could stoop this low because of one person that didn't even own property down there only leasing could cause this much BS. They took away the only thing that brought our family together without having someone to die in doing so. I know they will never understand how hard my grandparents worked to get the property and how hard all of us worked to keeping the ranch going. They were handed theirs property, were we poured our hearts and soul into ours and make what we had work.
http://www.13thcoa.courts.state.tx.us...Womack v. RossIt took them same amount of time and they won. Theirs case was filed right after ours and only reason was because my grandmother and aunt lost theirs.
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Also propertyis more than just 35 acres, my fathers property is 47 acers and my aunts is 250 I think
Also if we had access to a bridge, why would we be fighting this hard to get to our property? You need to come up with a new excuse Virginia, that one is dead in the water
Ok we never had access to a bridge, that was roger Williams bridge. That was his private and personal bridge. The traffic you say was going through there isn't true either. One vehicle everyday does not constitute as 25-30 vehicles. She had every right to use that road to get to her job at the polo fields to work for the McCans even during deer season. You never brought proof to any of you allegations. But we showed proof of yall cutting our fence lines and allowing your cattle to roam our property since you took over in '93. My house has been left to vandal,vermin, and unwanted guest. You say we have this miracle bridge off of 239. I want you to show me and my family this bridge you claim exists.
I need to make something very clear, Mr. Houston and the Dierliams never worked with us on the issue. They have made threats about paying attorney fees,and offers to buy Our land. The only time I have ever called them was to ask miss virginia put our differences aside so I can take my grandmother to see her home before she died, virginia said she can use the river like everyone else. My late grandmother was 95! Also Virginia and Mark knew from the very beginning that the property they were going to inherit had a road going through it. They knew it was the only access to the others properties. The reason my father was dropped from lawsuit he was told they didn't have a problem with us. My father was deployed to Afghanistan to the war at the time he was dropped. During depositions Mr. Houston showed us a one sided letter not signed by either parties or entered on the record that he wrote saying my father agreed to permissive. Ok if during that time the letter "was" written my dad was deployed. No contact for 4 months. How could he agree to something if he couldn't communicate with his family, let alone a lawyer? Yes this is a very emotional issue but its also a very wrong and poorly handle issue that should of never happened. If I have to go to even more great lengths to gain our access back I will. If I have to lobby and have new law placed in the books to prevent another family from going what we are going through I will. From the ashes of there destruction the Phoenix will rise again. A promise made,A promise kept,A promise can never be broken.
Have lawyer still fighting in appeals. We have written easement in deeds dating back to 1932-34 also showing that the road was deed to the county as public but maintained by oil companies. We didn't find this until maybe 1-2 months ago. Having the commissioners Court look into it. Given the facts of owning the property for over 70 years never being stopped or being told that couldn't go through the property even when a gate up before inherited and still had full access with keys ect. even after they inherited got property they had 1 year after the fact to voice there concerns of permissive easement, but because they waited 12 years and only after we refused to sell that's when they decided to landlocked other landowners out. This property just wasn't a hunting lodge as they claim. It was and is a home. My sister was living down there during the lawsuit even working for a family with polo ponies. My grandmother and her husband put everything they had in that place to make a home for themselves and children. My grandparents were very hard working individuals and they might not have been educated but they had common sense and street smarts to protect what was there's. My grandfather would have never purchased property if he didn't think he had easement or if easement could be taken away at anytime he wouldn't have wasted his money. Their many ways to claim easement in the courts, but I'm finding thats its hard to have a fair anything in this town if you're not part of the good old club or have money to show. I'm hoping that the commissioners court will be able to help us but not holding my breath considering the BS I had to put up with the last 3 1/2 years fighting for what is right. I'm losing my faith in the judicial system here and feel its time for a much needed cleaning but again never a guarantee . Granted I've been doing this 3 1/2 years but my aunt and others have been doing this for 9 years. We do have hope though because of Ross vs Womack it took 9 years of fighting for them but they finally triumphed. Its sad because the only reason that case was filed was because of what happened to us, that land owner follow in pursuit with the same lawyer in land locking us out into land locking the ross's. I'm happy they triumphed just hope we will have the same outcome.
Then that would be considered permissive easement, which we shouldn't have to considering we used the road to get our property has been in use since 1903, my father has clear color and title road easement, and since the only thing thats been consistent is their offer to buy our property for the 1/4 of the cost, Our property has never been for sale. Back in april 2007 we had mediation. I asked them what was the real problem with us using the road, (the road thats maintained by the oil company) they said nothing really it's the principle of the matter. Before my grandmother passed all she wanted was to see the place she grew up,the place she was married and raised her children, and the place she worked her ass off to maintain her dream of owning land,when asked if we can put everything aside and let her use the road to she her home one more time before she passed, they said no she can use the river like everyone else. She was 96 years old! If I thought for one minute it could be that easy, then I wouldn't have lost most of my savings on lawyers,get into confrontations with these people and my house wouldn't be in ruins now. I would still be able to maintained the ranch the way it was. They didn't buy their property they inherited it. They knew from the very beginning that a road went through their property,they knew it was open to the land owners that depended on that road to get to their property,they knew it was the only way to get the other landowners property, and yet they waited 12 years after inheriting the place to voice they had problems with landowners using the road. They are the ones who brought the 1st lawsuit against the others. My father was dropped. I went back after them in 2005 because they refused the utility trucks so I can restore power and fix up the house. They have had ample time to settle with us but their only offer was to buy our property.