Texas Utility Easement

State:
Multi-State
Control #:
US-EAS-28
Format:
Word; 
Rich Text
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Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

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.

A Texas utility easement refers to a legal agreement that grants a utility company the right to access and use a specific portion of a property for installing, maintaining, and operating utility lines or infrastructure. This agreement is crucial for providing essential public services, such as electricity, water, sewerage, telecommunications, and natural gas, to communities across Texas. Utility easements are designed to ensure uninterrupted utility services by allowing utility companies to have a clear path for their infrastructure, even if it means crossing private properties. As such, property owners must be aware of the different types of utility easements that may exist and the implications they have on their land. 1. Electric Easements: Electric utility easements are among the most common types of utility easements in Texas. They grant electric companies the right to install and maintain power lines, transmission towers, transformers, and other equipment on the property. 2. Water and Sewer Easements: Water and sewer utility easements are necessary for supplying clean water to households and managing wastewater. These easements allow water and sewer utility companies to install and maintain pipes, valves, pumping stations, tanks, and other infrastructure required for water distribution and sanitary sewer services. 3. Natural Gas Easements: Natural gas utility easements give gas companies the right to lay pipelines, pressure regulators, and valves on private properties. These easements are essential for delivering natural gas to residential, commercial, and industrial consumers effectively. 4. Telecommunications Easements: Telecommunications utility easements are specifically related to communication services like telephone, internet, and cable TV. These easements allow telecommunications companies to lay cables, install equipment, and maintain infrastructure necessary for delivering reliable communication services. 5. Pipeline Easements: In Texas, pipeline easements are common due to the extensive network of pipelines that transport oil, gas, and other petroleum products. These easements allow pipeline companies to lay underground pipelines across properties, ensuring the safe and efficient transport of resources. It is important to note that while utility easements grant utility companies certain rights, property owners retain ownership of the land. However, they may face limitations on the use and development of the easement area to ensure the utility's unimpeded access. When purchasing a property in Texas, it is crucial to conduct a thorough examination of existing utility easements, as they can impact the property's value, restrict construction projects, and affect future property improvements. Understanding the different types of utility easements will help property owners navigate any rights and restrictions associated with these agreements in Texas.

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FAQ

Because an easement represents an interest in land, it is required to be in writing, subscribed by the grantor, and delivered (Sec. 5.021). In order to be recorded, an easement deed must be signed by the grantor and properly acknowledged, sworn to with a jurat, or proved ing to law (Sec. 12.001a).

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.

Easements are nonpossessory interests in land. The holder of an easement has the right to use a tract of land for a special use only, and does not own or have full use and enjoyment of the land. Often, easements are created in Texas to give a person or corporation a right of access across a piece of land.

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.

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.

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.

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.

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.

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8 days ago — 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 ... EXHIBIT NO. 2: Provide an accurate, to scale drawing of the proposed area of usage of the easement/right-of-way, including all dimensions as required to ...of the County of. , State of Texas, hereinafter called "Grantor" (whether one or more), for good and valuable consideration, the receipt and sufficiency of ... All that certain tract, piece or parcel of land, lying and being situated in the. County of Dallas, State of Texas, described in the attached legal description. Aug 1, 2023 — EXHIBIT NO. 2: Provide an accurate, to scale drawing of the proposed area of usage of the easement/right-of-way, including all dimensions as ... 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 install their ... Nov 1, 2022 — In Texas, utility easements are regulated by both the state and municipalities. State law covers utility company access to both easements and ... The right to chemically treat, cut and trim trees and shrubbery to the extent necessary to keep them clear of said electric line or system and to cut down from ... Jun 14, 2016 — The easement holder may want to relocate utility lines or roadway to a more convenient location. Pipeline easements are assignable in Texas. If ... For example, an Austin homeowner may give an easement to Austin Energy granting access to utility lines on the property. ... filling out our convenient online ...

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Texas Utility Easement