Can I Refuse A Utility Easement Texas

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This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.


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.

Texas Easement for Utilities refers to a legal arrangement that grants utility companies the right to use a portion of another person's property for installing, operating, and maintaining utility lines, pipelines, or other infrastructure. This easement ensures that essential utility services can be provided to homes, businesses, and communities efficiently and effectively. The Texas Easement for Utilities is a crucial aspect of urban planning and development, as it empowers utility companies to access the necessary land for utility systems such as water, sewer, electricity, natural gas, telecommunication lines, and more. These easements are typically established through negotiation or agreement between the property owner and the utility company or through condemnation or eminent domain laws. There are several types of Texas Easements for Utilities, and each serves a specific purpose. These include: 1. Permanent Easement: This type of easement gives the utility company an indefinite right to access and use a specific portion of the property for their utility lines or infrastructure permanently. 2. Temporary Easement: A temporary easement grants the utility company limited access to the property for a specific period, usually for completion of construction, repairs, maintenance, or upgrades of utility systems. 3. Right-of-Way Easement: A right-of-way easement allows utility companies to have a specific corridor or pathway across a property to install, operate, or maintain utility lines while ensuring minimal interference with the property owner's use of the land. 4. Conduit Easement: This easement involves the installation and maintenance of underground conduits or pipes, enabling the utility company to provide services without significantly affecting the surface use of the property. 5. Aerial Easement: This type of easement permits the utility company to use airspace above the property for suspending or mounting utility lines, such as electrical cables or communication wires, without interfering with the property owner's use of the land. 6. Conservation Easement: While not specifically related to utilities, a conservation easement enables the property owner to voluntarily limit certain uses of their land, aiming to protect its natural, scenic, or agricultural value. However, utility companies may still obtain utility easements within a property with existing conservation easements, subject to the specified restrictions. It is crucial for property owners and utility companies to understand the rights, obligations, and limitations associated with Texas Easements for Utilities. To ensure a fair agreement, it is recommended to consult with legal professionals specialized in real estate law and easement negotiations, considering the specific requirements and conditions of both parties.

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FAQ

You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.

The property owner must still maintain those types of easements. The property owner will also be the party who must take responsibility if an accident occurs on the easement.

Easements may be extinguished by abandonment. Abandonment takes place whenever cessation of use occurs accompanied by a clear intent never to use the easement again. Mere nonuse does not constitute aban- donment. However, the intent may be inferred from the circumstances if such evidence is clear and definite.

An easement grants access to private property in order to provide a service that will serve the overall good of the community. This access also includes the ability to remove landscaping or other structures in order to grant the needed access. Both the property owner and specified agencies have utility easement rights.

§ 152.55 UTILITY EASEMENT. (A) In general, alleys will not be required, but utility easements for public utilities shall be dedicated. (B) The easements shall be 7 feet on each side of the rear or side lot lines. Easements shall connect with established easements and adjoining property.

An easement is the right to use a portion of someone's land for a stated purpose, and a utility easement grants utility companies the right to their lines across a tract of land. A right-of-way allows someone to work in or travel through your property.

If your backyard contains utility lines or a utility pole, they certainly have the right to enter your backyard. It isn't random, they have right of way rights for these. Likewise if you have natural gas lines or water or sewer lines the appropriate utility has the right to take care of them.

Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.

More info

Aug 18, 2023 — An easement is a legal right to use someone else's land for public or private purposes. While many easement agreements are written into the ... EXHIBIT NO. 2: Provide an accurate, to scale drawing of the proposed area of usage of the easement/right-of-way, including all dimensions as required to ...COOPERATIVE SERVICES, INC., a Texas corporation having its principal office at 3309 N. ... the Easement, (a) the right of pedestrian and vehicular ingress and ... If the old easement on file is not current (the updated version better protects the utility's rights to use the easement), file the new easement immediately. All that certain tract, piece or parcel of land, lying and being situated in the. County of Dallas, State of Texas, described in the attached legal description. Jun 14, 2016 — The easement holder may want to relocate utility lines or roadway to a more convenient location. Pipeline easements are assignable in Texas. If ... Aug 1, 2023 — EXHIBIT NO. 2: Provide an accurate, to scale drawing of the proposed area of usage of the easement/right-of-way, including all dimensions as ... by J Fambrough · 2013 — Appurtenant easements require two different estates (or tenements) for their existence—a dominant estate and a servient estate. The owner of the dominant. Jan 6, 2020 — 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 ... An easement is the right to use a portion of someone's land for a stated purpose, and a utility easement grants utility companies the right to install their ...

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Can I Refuse A Utility Easement Texas