Right Of Way Easements In Texas

State:
Texas
Control #:
TX-EAS-8
Format:
Word; 
Rich Text
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Description

This Texas easement form is a Right of Way Easement For Construction Improvements To Electrical Distribution Lines, provides the right to erect, place, construct, operate, repair, and maintain electrical utility lines. Provides: the right to erect, place, construct, operate, repair, maintain, relocate, and replace poles, wires, circuits, anchorages and all other necessary or desirable appurtenances for electric transmission and/or distribution lines or system along the course of right-of-way described; the right to relocate said lines in the same relative position to any adjacent road; the right to cut, trim, otherwise destroy, and keep clear of said lines and appurtenances all trees, shrubs, and other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the proper maintenance and operation of said lines.


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

Easements are a pervasive element in Texas property law and are generally defined as a right, privilege, or advantage that exists as a distinct interest from ownership rights in real property. Most commonly, an easement allows a person (or the public) to use the land of another in a certain manner.

131 sets out the four essential characteristics of an easement which are as follows:There must be a dominant and servient tenement;The easement must accommodate the dominant tenement;The dominant and servient owners must be different people;The right must be capable of forming the subject matter of a grant.

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.

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.

What are the requisites to establish the right to an easement of right of way?The dominant estate is surrounded by other immovables and has no adequate outlet to a public highway (Art.There is payment of proper indemnity (Art.The isolation is not due to the acts of the proprietor of the dominant estate (Art.More items...

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More info

Easements are nonpossessory interests in land. Legal Issues for Texas Professional Land Surveyors.More simply, an easement is the right to use another's property for a specific purpose. An easement is a limited right to use another person's land for a stated purpose. An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose.

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Texas Right Of Way Easement Laws