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The SCE protects the well by prohibiting some types of future site uses or the future installation or construction of certain site improvements on the portions of the adjoining property within 150 feet of its well.
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.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
An easement is a legal right to use someone else's land for public or private purposes. While many easement agreements are written into the property records, that is not always the case. Some easements can be obtained through other means.
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.
Often, easements are created in Texas to give a person or corporation a right of access across a piece of land. For example, an Austin homeowner may give an easement to Austin Energy granting access to utility lines on the property. Easements can be private or public.
One cannot own an easement across his or her property. An easement may be created by various means. Each has its own distinct requirements. Because easements represent interests in land, they generally require some written, tangible evidence prescribed by Section 5.021 of the Texas Property Code for their creation.
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.