Ingress Egress Easement Maintenance Force

State:
Texas
Control #:
TX-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

This Texas easement form is an Ingress and Egress Easement and Maintenance Agreement provides a perpetual, free, continuous and uninterrupted use, liberty, privilege and easement to use and enjoy the described property.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Most easements are created by formal grant drawn and executed with the same formality as a deed. One landowner grants another individual the right to use his/her land for limited purposes. Restrictive covenants or community/neighborhood indentures may also operate as a grant sufficient to crease an easement.

Those holders of an interest in the easement that are responsible for damage to the easement because of negligence or abnormal use are required to repair the damage at their sole expense.

Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.

Ingress/egress rights are generally obtained via an easement, which is the right to use someone else's property for a specific purpose. For example, ingress and egress easements may govern the use of a shared driveway or the use of a private road to reach one's property.

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Ingress Egress Easement Maintenance Force