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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.
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.
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.
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.
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.
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.
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.
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.