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.
A Texas General Right-of-Way Instrument is a legal document that establishes the rights and privileges granted to individuals or entities for the use and access of a specific area of land owned by another party. This instrument serves as an agreement between the landowner, often referred to as the Granter, and the party seeking access or use, known as the Grantee. In Texas, various types of General Right-of-Way Instruments exist, each serving specific purposes. Some common types include utility right-of-way, transportation right-of-way, and pipeline right-of-way. 1. Utility Right-of-Way Instrument: This type of right-of-way instrument is used when utility companies (such as electric, gas, or water) require access to private property to install, operate, or maintain utility lines. It grants the utility company the necessary permissions to access the land and ensures they comply with any conditions or restrictions. 2. Transportation Right-of-Way Instrument: This instrument pertains to the use of land for transportation purposes, including roads, highways, railways, or public paths. Both government agencies and private entities may seek transportation right-of-way instruments to establish legal access for constructing or maintaining transportation infrastructure. 3. Pipeline Right-of-Way Instrument: When an entity needs to install or operate a pipeline to transport substances like oil, gas, or water, a pipeline right-of-way instrument is utilized. It specifies the terms and conditions regarding the installation, usage, maintenance, and potential compensation to the landowner for the right-of-way granted. Regardless of the type, a Texas General Right-of-Way Instrument commonly includes vital information such as the legal description of the property, the purpose of the right-of-way, the rights and limitations of both parties, any required permits or licenses, and the potential compensation or grant amount if applicable. These instruments involve careful negotiation and drafting to ensure the rights of both the landowner and the grantee are protected and clearly defined. Understanding the different types of Texas General Right-of-Way Instruments helps property owners, government agencies, and companies involved in infrastructure development operate within the legal framework and rights regarding land access and usage.
