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.
Texas Easement for Utilities
State:
Multi-State
Control #:
US-00500
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Word;
Rich Text
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Description
This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.
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FAQ
You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
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.
Easements may be extinguished by abandonment. Abandonment takes place whenever cessation of use occurs accompanied by a clear intent never to use the easement again. Mere nonuse does not constitute aban- donment. However, the intent may be inferred from the circumstances if such evidence is clear and definite.
An easement grants access to private property in order to provide a service that will serve the overall good of the community. This access also includes the ability to remove landscaping or other structures in order to grant the needed access. Both the property owner and specified agencies have utility easement rights.
§ 152.55 UTILITY EASEMENT. (A) In general, alleys will not be required, but utility easements for public utilities shall be dedicated. (B) The easements shall be 7 feet on each side of the rear or side lot lines. Easements shall connect with established easements and adjoining property.
An easement is the right to use a portion of someone's land for a stated purpose, and a utility easement grants utility companies the right to their lines across a tract of land. A right-of-way allows someone to work in or travel through your property.
If your backyard contains utility lines or a utility pole, they certainly have the right to enter your backyard. It isn't random, they have right of way rights for these. Likewise if you have natural gas lines or water or sewer lines the appropriate utility has the right to take care of them.
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.