Texas Easement By Necessity

State:
Texas
Control #:
TX-EAS-9
Format:
Word; 
Rich Text
Instant download

Description

This Texas easement form is a General Easement for purposes to be designated by easement drafter.


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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How to fill out Texas General Easement?

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FAQ

1) For example, A as the owner of a certain house, has a right of way over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.

Determine if there may be an easement by necessity. Texas law recognizes an implied easement by necessity in certain situations when it's necessary to cross another landowner's private property.

Easement of NecessityGiving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.

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.

Easement of Necessity This consists of the circumstances where the owner or occupier cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience.

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More info

Easement of necessity. Even if it isn't written down, a legal easement can exist if it's absolutely necessary to cross someone's land for a legitimate purpose.Once dedicated, the owner reserves no rights that are incompatible with the full enjoyment of the public. Third, most courts require that the easement must be reasonably necessary for the use and enjoyment of the property. That are reasonably necessary for the use of, the conveyed property. An easement can provide a person or company with access to someone else's land, under Texas real estate law.

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Texas Easement By Necessity