Bexar Texas Amendment to Easement and Right-of-Way

State:
Multi-State
County:
Bexar
Control #:
US-OG-072
Format:
Word; 
Rich Text
Instant download

Description

This form may be used to amend an existing easement or right of way, providing options as to the manner in which the easement is to be amended.
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FAQ

An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.

If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).

Generally, when a driveway gives access to two or more properties, then the responsibility for its maintenance is shared jointly by the owners of those properties. Under the Land Transfer Regulations the cost of general repairs and maintenance of a right-of-way should be shared equally by users.

If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).

Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

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.

Having an easement on your property means that a third party (an individual or a utility company for example) has a right to use your property for a particular purpose. This could be passing by foot or with vehicles over your property, or a right to pass service media for utilities on, over or under your property.

There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).

An easement is the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

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Bexar Texas Amendment to Easement and Right-of-Way