Texas Amendment to Easement (Powerline Easement)
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FAQ
You can build on an easement if the structure doesn't interfere with the easement. Can neighbors build fences between properties in Texas? Most properties I know of in Texas have fences between their property and their neighbor's property.
A safe working distance depends on the voltage of the power lines. Always maintain a distance of at least 10 feet from overhead lines and more than 10 feet if the voltage to ground is over 50 kilovolts (50,000 volts). The higher the voltage, the greater the distance that is needed between the lines and the workers.
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.
§ 152.55 UTILITY EASEMENT. (A) In general, alleys will not be required, but utility easements for public utilities shall be dedicated. (B) The easements shall be 7 feet on each side of the rear or side lot lines. Easements shall connect with established easements and adjoining property.
The written document creating an easement need not be recorded to be effective. However, to give construc- tive notice to subsequent purchasers as described in Section 13.002 of the Texas Property Code, easements normally are recorded. Without a written document, an easement may be created three ways.
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.