Texas Nonexclusive Easement and Right of Way to Use Grantor's Private Road

State:
Multi-State
Control #:
US-OG-073
Format:
Word; 
Rich Text
Instant download

Description

This form grants the nonexclusive right to make use of the Grantors existing road.

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FAQ

This deed of easement grants a right of way over the grantor's land in return for a payment made by the grantee to the grantor. It contains optional clauses for a lender to give consent to the grant of the easement.

Instead, the law will imply an easement exists. 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.

Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.

Grant of Release Lastly, an easement can terminate by a release being granted by the owner. However, the release should be placed in writing and recorded in the county land records. If not, serious title problems could result in the future.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.

Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future. A common example of a non-exclusive easement is an access or roadway easement in a shopping center.

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.

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Texas Nonexclusive Easement and Right of Way to Use Grantor's Private Road