An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. 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. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.
Texas General Form of Easement Agreement
State:
Multi-State
Control #:
US-00982BG
Format:
Word;
Rich Text
115 downloads
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FAQ
What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.
An easement agreement costs between $100 and $5,000, varying based on the type of easement granted and associated legal and executive fees. This is the primary charge for the preparation, negotiation, and enactment of an easement agreement to ensure regulatory compliance.
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.
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.
Appurtenant easements require two different estates (or tenements) for their existence?a dominant estate and a servient estate. The owner of the dominant tenement has the right or privilege to use an easement across the land of the servient tenement. The servient tenement is burdened by the easement.