Texas Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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FAQ
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.
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.
A prescriptive easement (or easement by prescription) is a right of access over another's property acquired through the claimant's adverse actions taken ?under color of law.? The adverse actions must persist continuously for at least 10 years.
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.
One cannot own an easement across his or her property. An easement may be created by various means. Each has its own distinct requirements. Because easements represent interests in land, they generally require some written, tangible evidence prescribed by Section 5.021 of the Texas Property Code for their creation.
An implied easement is an easement created not by express grant, but instead one implied by law when certain conditions are satisfied. In this situation, the landowner of a servient estate does not have to agree to give an easement. Instead, the law will imply an easement exists.
Release. An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.