Easement Access Property Without
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FAQ
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).
The easement use must be uninterrupted and continuous for a period of at least 10 years.
What Does Landlocked Property Mean? As the name suggests, a landlocked property is a piece of land surrounded by lots owned by others. Because of this, the landlocked property has no legal access road to it. The only way to get to the land is by crossing through a neighbor's property.
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.
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.
