What type of easement is commonly used by utility companies?

The most common type of easement, a utility easement allows a utility company to run its pipes, lines, etc., under or on other people's property in order to serve its customers. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners.

US Legal Forms
Forms Kit
Easement Forms
Texas
Texas Utility Easement for Sanitary Sewer Station and Associated Lines

Easement Sewer Lines For Power

Category:

Real Estate - Easements and Rights of Way

State:

Texas

Control #:

TX-EAS-3

Format:

Instant download

Description

The Utility Easement form for sewer lines in Texas provides a legal framework for granting an easement to an authority, allowing them to construct and maintain a sanitary sewer lift station along with associated lines and facilities on a property owner's land. This form serves key features including rights of ingress and egress for maintenance, provisions for tree removal within the easement, and stipulations against constructing structures that may interfere with the facilities. It ensures that any alterations, such as relocating facilities due to road widening, are agreed upon without causing legal complications. The agreement acts as a covenant that benefits the grantor and their successors, protecting their interests long-term. For attorneys, paralegals, and legal assistants, this form is essential for facilitating negotiations and ensuring compliance with property law, while owners and partners can use it to secure their rights while accommodating utility needs. Additionally, clear filling and editing instructions make it accessible for users with little legal experience, ensuring simplicity and accuracy in completion.

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FAQ

The benefited land is called the dominant tenementThe land that benefits from an easement., and the burdened landthat is, the land subject to the easementis called the servient tenement.

The most common type of easement, a utility easement allows a utility company to run its pipes, lines, etc., under or on other people's property in order to serve its customers. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners.

An easement which passes (or runs) with land so as to benefit successors can only exist where a number of requirements are satisfied: The right must be one which is capable of being an easement (examples include rights of way, rights of light and a right to the passage of water).

In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.

Having an easement on your property means that a third party (an individual or a utility company for example) has a right to use your property for a particular purpose. This could be passing by foot or with vehicles over your property, or a right to pass service media for utilities on, over or under your property.