Harris Texas Easement or Right of Way for Access to Property

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Multi-State
County:
Harris
Control #:
US-0251BG
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This form is an easement or right of way for access to property.
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FAQ

Historically, the easement has been considered to be thirty feet across (fifteen feet on each side of the power line). In 2014, SWEPCO tried to have landowners agree to have the easement officially set to be 100' across.

Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

A utility easement allows power, gas, water, sewer, drainage, telephone, cable utilities the right to use an owner's property for specific purposes such as to construct, repair, maintain, operate, and manage utility facilities. The property owner owns the land upon which the easement is located.

Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes "substantial" or "material" interference.

Yes, you can build on a property easement, even a utility easement.

A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the dominant owner) can apply to court for an injunction and damages if the landowner (or servient owner) blocks it.

An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. For example - right of way, right to light , right to air etc.

Normally an easement will not prevent you from building over or under it. For example, if there is an access way through your property, you probably will be able to put a sewer under it or a structure over it.

How to Get Rid of Real Estate Easements Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.

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Harris Texas Easement or Right of Way for Access to Property