Texas Release of Right of Way / Easement

State:
Multi-State
Control #:
US-OG-127
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.

How to fill out Release Of Right Of Way / Easement?

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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.

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.

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.

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.

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.

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.

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Texas Release of Right of Way / Easement