Texas Easement Tx Form Download
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FAQ
In order to be recorded, an easement deed must be signed by the grantor and properly acknowledged, sworn to with a jurat, or proved ing to law (Sec. 12.001a). Original signatures are required.
Easement width shall be 24 feet and the length shall be the full width of adjoining properties fronting the roadway. The Director of Public Works may approve an alternative layout as necessary given the shape of the particular tract.
Instead, the law will imply an easement exists. 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.
The written document creating an easement need not be recorded to be effective. However, to give construc- tive notice to subsequent purchasers as described in Section 13.002 of the Texas Property Code, easements normally are recorded. Without a written document, an easement may be created three ways.
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.