Texas General Right-of-Way Instrument

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Multi-State
Control #:
US-00497
Format:
Word; 
Rich Text
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Description

This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.


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.

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FAQ

The property owner must still maintain those types of easements. The property owner will also be the party who must take responsibility if an accident occurs on the easement.

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.

A prescriptive easement (or easement by prescription) is a right of access over another's property acquired through the claimant's adverse actions taken ?under color of law.? The adverse actions must persist continuously for at least 10 years.

If the landowner refuses to comply with the terms of the easement, the utility may take that person to court to enforce the easement and to attempt to recover any damages and/or expenses incurred by the utility based upon their violation of the easement terms.

Easement by Prescription Use of the easement must be adverse, open, notorious, and hostile to the interest of the landowner. ... The easement must be used exclusively by the claimant and not open to the public or qualify as a joint use easement.

The Right of Way Division coordinates the acquisition of land to build, widen or enhance highways, and provides relocation assistance when needed. The division also coordinates utility adjustments and the disposition and leasing of surplus real property owned by TxDOT. It also regulates commercial signs and junkyards.

Texas right-of-way laws include: Trains always have the right-of-way. If intersections have no signage or signals, drivers should yield to traffic on their right and to cars already crossing the intersection. Drivers approaching main roads from alleys, private roads, and other smaller roads must yield to traffic.

Grant of Release Lastly, an easement can terminate by a release being granted by the owner. However, the release should be placed in writing and recorded in the county land records. If not, serious title problems could result in the future.

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Texas General Right-of-Way Instrument