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. 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 Contract or Agreement to Convey Easement for Driveway
State:
Multi-State
Control #:
US-00983BG
Format:
Word;
Rich Text
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FAQ
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.
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.
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.
Appurtenant Easements In Texas An appurtenant easement requires two different tracts of land (referred to as tenements) to exist. The owner of the dominant tenement has the benefit of the easement. He also has the right to use the easement across the land of the servient tenement.
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.
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.
Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.