This is an Easement for a Driveway, to be used across the United States. This form allows for a non-exclusive easement for the purpose of entry to a certain property, by and through the property's driveway.
An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Bexar Texas Easement for Driveway
State:
Multi-State
County:
Bexar
Control #:
US-EAS-31
Format:
Word;
Rich Text
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FAQ
There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).
Landowners will take comfort from the recent Court of Appeal decision in Winterburn v Bennett 2016 where it was held that a sign declaring that land can only be used by authorised persons can prevent the registration of a prescriptive easement.
Since an easement is a request for use of your property, you have the right to deny it. However, if it's a public entity that is requesting the easement, such as the local government, they may take you to court. When the easement request is based on benefits to the community, typically a judge will grant the easement.
If you are building more than 100 sq ft or moving walls or doors, a building permit is required in the City of San Antonio. If you're doing sidewalk, driveway repair, or driveway approach work a permit is required.
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.
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.
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.
A permit is required for foundation repairs in San Antonio. If the work was started before the application was submitted, the city of San Antonio can charge a double fee. The application must also be signed and stamped by a professional engineer.
Under 200 square Feet If your build is under 200 sq. ft. and under 30 inches in height, then you may not need a permit at all. Above 200 sq.
The elements required are: (1) a representation; (2) belief in the representation; and (3) reliance on the representation. Again, in order to enforce this type of easement, the landlocked owner would be forced to file a court action, to prove each element, and to get an order from a judge.