Travis Texas Agreement between Adjoining Owners Creating Easement for Common Driveway

State:
Multi-State
County:
Travis
Control #:
US-00704BG
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Word; 
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Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. It is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

Easements are a pervasive element in Texas property law and are generally defined as a right, privilege, or advantage that exists as a distinct interest from ownership rights in real property. Most commonly, an easement allows a person (or the public) to use the land of another in a certain manner.

There must be a substantial interference with the enjoyment of it. There is no actionable interference with a right of way if it can be substantially and practically exercised as conveniently after as before the occurrence of the alleged obstruction.

In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.

Easements are a pervasive element in Texas property law and are generally defined as a right, privilege, or advantage that exists as a distinct interest from ownership rights in real property. Most commonly, an easement allows a person (or the public) to use the land of another in a certain manner.

An express easement must be granted in writing, signed by the grantor, explicitly identifying the property and details of the easement use, and filing with the county records. The grantor may or may not require compensation for granting the easement.

The tract (or estate) whose owner has the right to cross another tract is called the dominant estate. The tract burdened by the easement (the one being crossed) is called the servient estate. burdened estate (the one being crossed) has the right to erect gates or barriers across the easement.

For the most part, a property owner can't block an easement if it was already mentioned in the property's deed. If the property owner tries to contest the easement's boundaries, then it's a good idea to have a property survey conducted by a reputable local company in Guadalupe County, TX.

No, but a Texas landowner has options for obtaining legal right to access their landlocked property. Each of those options will be discussed in detail as a three-part series, with today's article addressing Part One.

The requisites of compulsory easement of way can be summarized as follows:That the dominant estate is surrounded by other immovables and has no adequate outlet to a public highway;After the payment of property indemnity.That the isolation was not due to acts of the proprietor of the dominant estate.More items...?

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Travis Texas Agreement between Adjoining Owners Creating Easement for Common Driveway