Texas General Easement

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

What this document covers

The General Easement form is a legal document that grants one party the right to use another party's property for specified purposes. Unlike specific easements, this form allows flexibility in defining the location and purpose, making it suitable for various scenarios such as utility access, maintenance, or cross-property access. This form is particularly relevant for Texas property owners and is essential for facilitating property rights without transferring ownership.

Key components of this form

  • Character of easement: Defines the type of easement granted.
  • Location of easement: Specifies the geographical area of the easement.
  • Purpose of easement: States the intended use of the easement.
  • Commencement, duration, and termination: Outlines when the easement starts, how long it lasts, and conditions for termination.
  • Warranty of title: Ensures the grantor's commitment to uphold the easement's validity.
  • Rights reserved: States the grantor's retained rights over the easement area.
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When to use this form

This General Easement form should be used when one party needs to establish a legally binding right to access or utilize a portion of another party’s property. Common scenarios include allowing utility companies to install and maintain infrastructure, providing access to adjacent land, or facilitating agricultural operations like grazing cattle. This form is essential for clearly outlining rights and responsibilities associated with using someone else's property.

Intended users of this form

This form is designed for:

  • Property owners who need to grant easements to other parties.
  • Utility companies requiring access for maintenance or installation.
  • Agricultural operators needing designated routes for livestock.
  • Developers or contractors managing property access issues.

Instructions for completing this form

  • Identify the parties involved: Clearly name the grantor (property owner) and grantee (party receiving easement).
  • Specify the property: Detail the location of the easement on the property.
  • Describe the purpose: Clearly define the intended use of the easement.
  • Enter dates and signatures: Both parties must sign and date the document for it to be valid.
  • File the easement: Ensure the completed form is filed of record to protect the rights conferred.

Is notarization required?

To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.

Common mistakes to avoid

  • Failing to accurately describe the location of the easement.
  • Leaving out specific details about the easement’s purpose.
  • Not obtaining the necessary signatures from both parties.
  • Neglecting to file the form with the local government, which can affect legal standing.

Why use this form online

  • Convenience of downloading and customizing the form to meet specific needs.
  • Access to professionally drafted templates, ensuring legal accuracy and reliability.
  • Ability to complete the form at your own pace and revisit as necessary.
  • Quick access to legal forms without the need for an in-person appointment with an attorney.

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FAQ

The easiest way to gain access to a landlocked property is to obtain an express easement from the neighboring landowner. This easement should be in writing, signed by the grantor, specifically identify the property and details of the allowed easement use, and filed in the county deed records.

Absent an express agreement to the contrary, the owner of the dominant estate has a duty to maintain the easement, and the owner of the servient estate has no right to interfere with the dominant estate. Roberts v. Freindswood Dev. Co., 886 S.W.

A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.

Easements are nonpossessory interests in land. The holder of an easement has the right to use a tract of land for a special use only, and does not own or have full use and enjoyment of the land. Often, easements are created in Texas to give a person or corporation a right of access across a piece of land.

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Texas General Easement