Easement Recorded With Deed
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FAQ
Texas Easement Deed Information An easement is the non-possessory right to use another person's real property for a specific purpose. Easements exist distinct from the ownership of the land and do not constitute full ownership of the property in question. Easements can be both private and public.
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.
Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located. Copies: Copies of the fully executed recorded Easement should be provided to the campus real estate office and to RESS.
In order to be recordable, an easement deed must be signed by the grantor and must contain two witnesses, one of whom must be the notary with his seal attached. If one of the witnesses is not a notary, then there must be an acknowledgment by a notary attached to the deed ( 44-2-21 and 44-2-14).
If an easement by compulsory purchase and sale is awarded by the court, the person gaining the easement must keep the easement open (for example, if it is path, road, or driveway) and must maintain the easement in good repair for one year. If he fails to do so, then he will be deemed to have abandoned the easement.