Easement On Your Property

State:
Texas
Control #:
TX-EAS-4
Format:
Word; 
Rich Text
Instant download

Description

This Texas easement form is a Conservation Easement to Preserve Open Space Lines preserves property in its natural scenic and open space condition.


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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  • Preview Conservation Easement to Preserve Open Space Lines
  • Preview Conservation Easement to Preserve Open Space Lines
  • Preview Conservation Easement to Preserve Open Space Lines
  • Preview Conservation Easement to Preserve Open Space Lines
  • Preview Conservation Easement to Preserve Open Space Lines
  • Preview Conservation Easement to Preserve Open Space Lines
  • Preview Conservation Easement to Preserve Open Space Lines
  • Preview Conservation Easement to Preserve Open Space Lines

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FAQ

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.

Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement. The owner of an implied easement is responsible for its maintenance (Morrill v.

Because an easement represents an interest in land, it is required to be in writing, subscribed by the grantor, and delivered (Sec. 5.021). In order to be recorded, an easement deed must be signed by the grantor and properly acknowledged, sworn to with a jurat, or proved according to law (Sec. 12.001a).

An easement is defined as a right, privilege or advantage in real property, existing distinct from the ownership of the land. In other words, easements consist of an interest (or estate) in real property that does not constitute full ownership.

Prescription: Oklahoma allows a third, less common type of implied easement known as an easement by prescription. In order for a court to approve or recognize an easement by prescription, the party using the land they do not own has to show they consistently used the land to their benefit for at least 15 years.

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More info

A property easement grants someone else the limited right to use your land for a specific purpose. An easement is an interest in a real estate property or parcel of land.Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Make sure you identify and understand all the easements on the property you're buying. An easement appurtenant is the right of one property owner to use the land of another for a specific purpose. The documents memorializing express easements the servient estate will grant an easement to another property, the dominant estate. A person who has an easement does not actually own the land. Rather, he or she possesses a right to do something on that land.

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Easement On Your Property