Texas Easement By Estoppel

State:
Texas
Control #:
TX-EAS-7
Format:
Word; 
Rich Text
Instant download

Description

This Texas easement form is an Easement Agreement For Perimeter Fence for the purpose of placing, construction, repairing, maintaining, rebuilding, or removing a perimeter fence.


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.

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  • Preview Easement Agreement for Perimeter Fence
  • Preview Easement Agreement for Perimeter Fence
  • Preview Easement Agreement for Perimeter Fence

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FAQ

In order to prove a prior use easement, the party seeking an easement must show each of the following elements: (1) unity of ownership of the alleged dominant and servient estates prior to severance; (2) the use of the claimed easement was open and apparent at the time of severance; (3) the use was continuous, so the

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.

The legal burden of proof A party claiming a prescriptive right has to prove not only long user, i.e. that the right has been exercised for 20 years or more, but also that the use has been as of right. As of right means, in Latin, nec vi, nec clam, nec precario.

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.

Creation of EasementsExpress Easements. Express easements are created by a written agreement between landowners granting or reserving an easement.Implied Easements.Prescriptive Easements.03-Dec-2021

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More info

In real estate, an easement is the right to use someone else's property for a specified purpose. Explore the concept of easement under the.

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Texas Easement By Estoppel