Harris Texas Amendment to Easement (Pipeline Easement/Long Form)
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FAQ
Easement of Necessity This consists of the circumstances where the owner or occupier cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience. For example X sells his land to Y for agricultural purpose.
Easement of Necessity Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
Unity by ownership In such a case, easement extinguishes. Another example which can be stated her to explain the concept is that A has a right of easement over B's land. In future A takes B's land on rent, here A becomes the occupier of B's land. Thus, easement terminates.
Jones, 578 S.W. 2d 669 (Tex. 1974). The easement use must be uninterrupted and continuous for a period of at least 10 years.
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.
Property owners cannot regrade the soil or build structures on or near a drainage easement because it could impede the free flow of water over the property. In the case of a drainage easement, the easement benefits the property owner as much as it benefits anyone else.
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).
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.
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.
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.