Texas Easement Maintenance Without Permit

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

If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).

In order to prove an easement by necessity to cross another's property, the party seeking the easement must prove: (1) unity of ownership of the alleged dominant and servient estates prior to severance (in other words, the landlocked property and tract across which access is sought must have, at one time, been owned by

An express easement must be granted in writing, signed by the grantor, explicitly identifying the property and details of the easement use, and filing with the county records. The grantor may or may not require compensation for granting the easement.

A legal easement over unregistered land is effective at law when made and binds the world. An equitable easement over unregistered land must be protected by registration of a class D(iii) land charge against the full name of the estate owner.

The courts, however, judicially have placed the required period of continuous, uninterrupted adverse use for prescriptive easements at ten years.

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Texas Easement Maintenance Without Permit