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 Easements For Construction, Operation And Maintenance Of Sanitary Sewer Lines And Related Facilities
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Multi-State
Control #:
US-EAS-22
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Word;
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This is a sample form for use in transactions involving easements, an Easement for Construction, Operation, Maintenance of Sanitary Sewer Lines and Related Facilities. Easement that allows for construction, operation, maintenance of Sanitary Sewer Lines and related facilities.
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FAQ
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.
In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.
Cities, even with their duty to maintain the easement, can require the landowner to maintain the easement because the landowner has a duty to keep his property free from nuisance and in a reasonably safe condition. See, e.g., TEX. LOC. GOV'T CODE ch.
Since this type of easement does not involve a public entity, the responsibility for damages to guests on an easement lies with the property owner if any accident occurs.
Property owners are responsible for clearing obstructions in the right of way. These include overgrown private trees, plants, shrubs, grass, or any other vegetation that extend from their front door to the curb.
Responsibilities for drainage easement are shared between the property owner and easement holder. The government authority will generally take care of the heavy-duty repair and maintenance work. For instance, repairing pipes and clearing catch basins requires special equipment and expert supervision.