Texas Easement and Right of Way for Roadway Allowing Access to Lands

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This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.

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FAQ

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.

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.

Contrary to popular belief, there is no automatic right of access in Texas for private landowners with landlocked property to cross private land owned by another. Fortunately, there are a number of methods to consider in obtaining a legal right to access landlocked property.

An Easement or Right-of-Way (ERW) agent is a person who negotiates easements on behalf of a company, government agency, or property owner for use in connection with telecommunication, utility, railroad, or pipeline services.

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.

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.

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Texas Easement and Right of Way for Roadway Allowing Access to Lands