This is a sample form for use in transactions involving easements, an Agreement for Voluntary Right of Way Donation. Easements for the construction, operation and maintenance of a highway granted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.
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 Agreement for Voluntary Right of Way Donation
State:
Multi-State
Control #:
US-EAS-9
Format:
Word;
Rich Text
Instant download
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How to fill out Agreement For Voluntary Right Of Way Donation?
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FAQ
The public right of way is any public thoroughfare such as a street, road or alley. It usually includes the median, utility poles, sidewalks and the area immediately adjacent to the street. A good rule of thumb is that the area between the first expansion joint in a driveway and the street is part of the right of way.
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 owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
If you seek easement by necessity, you must prove That you owned the landlocked property at some time as well as the tract across which you seek access. This is called unity of ownership of the alleged dominant and servient estates prior to severance. The claimed access is necessary, not merely a convenience.
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.
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. In fact, the latter point cannot be overemphasized.
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.
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.